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<br />r <br /> <br />L <br /> <br />I <br /> <br />83-\)()5862 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />.1. Payment of PrindplllllDd Interest. Borrower shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, prepayment and late charges as provided in the Note. and lhe principal of and interest <br />on any Fulure Advances secured by this Deed of Trust. <br />2. ........ for T__ l-.:e. Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly installments of principal a.nd interest are payable under the Note, until the Note is paid in full, <br />a .sum (herein "Funds") equal to one.twelftb of the yearly taxes and assessments which may attain priorily over this <br />Deed of Trust.-and ground rents on the Propetty, if any. plus one-twelfth of yearly premium installments for hazard insurance. <br />plm one-twelfth of yearly premi-um installments for mortgage insurance, if any. all as reasonably estimated initially and from <br />time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. <br />The Funds sball be held in an: institution the deposits or accounts of which are insured or guaranteed by a Federal or <br />state agency (including Lender if Lender is such an institution). Lender shall apply lhe Funds to pay said taxes, assessments, <br />insurance-premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said accoU!.,. <br />or verifying and compiling said assessments and bi~k. unless Lender- pays Borrower interest on the Funds and applicable law <br />pennits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this <br />Deed of Tr~tst that interest on the Funds shaH be paid to Borrower, and unless such agreement is made or applicable law <br />requires such interest to be paid. Lender shall nor be requj~d to pay Borrower any interest or eamin~ on the-Funds. Lender <br />shall give t(t Borrower, without charge, an annual accounting of the Funds showing credits and debHs to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured <br />by .his Deed of TrusL <br />If the amount of the Funds held by Lender, loge. her with the future monthly installments of Funds payable prior to <br />the due dates of taxes.. assessments. insurance premiums and ground rentl), shall exceed the amount required to pay said taxes, <br />assessments. insun.nc.e premiums and ground rents a.s. they fali due. such excess shall be, at Borrower's option. either <br />promptly repaid to Borrower or credited to Borrower on monthly installments of Fonds, If the amount of the Funds <br />held by Lender shall not be sufficient TO pay tax.es:. assessments, insurance premiums nnd ground rents as they fall due. <br />Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed <br />by Lender to Borrower requesting payment thereof. <br />Upon payment in full of all sums secured by this Deed of Trust. Lender shall promprJy refund to Borrower any Funds <br />held by Lender. If under paragraph 18 hereof the Propeny i." ~'lld Of the Property is o.thcrwise acquired by Lender. Lender <br />shall applY1 no later than immediately pnor to the sale of the Property or its acquis.ltion by Lender, any Funds held by <br />Lender at the time of application as a credit against the sums secured by this Deed of Trust. <br />3. AppUaadoa of P.""IDflIfs. Unless applicable law provides otherWIse. all payments received by Lender under the <br />Note and paragraphs I .and 2 hereof shall be a. pplied by Lender first In payment of amounts payable to Lender by Borrower <br />under paragraph i hereof. then to interest payable on the Note, then (0 the principal of the Note, and then to interest and <br />principal on ilny Future Advances. <br />4. C......es; l.Jeas. Borrow~r ~hall pay aU t.axe~. 3\Sessm-ents and olher charges, fines and impositions 4luributablc to <br />the Property which may attain a prio_ .~y over thiS Deed of Trust. and leasehold payments ,or ground rents. if any. in the <br />manner provided under paragraph 2 hereof or, if fl(\t pai-d in such manne-r, hy Borrower makmg payment. when due. directly <br />to the payee. thereof. BorTO\\'e-r ~hal1 promplly furni$h to Lender all notices of amounts due u~der thi!! paragraph. and in the <br />event Borrower shaH mate paymem directJy, Borrower shall promptly furmsh to Lender rccclptJ evidencmg slIch payments. <br />Borrower shan promptly discharge any lien which has pflumy over thiS Deed of Trust; prOVided. that Hor_ro":cr shall not he <br />required to discharge- any such Hen Ml long a, Borrower \hatl agree in writing to (he payment of the obligatIOn secured by <br />~uch hen in -a manner acceptable to Lender. or shall in good (.lItO conicS[ ~uch lien by. or defend enforcement of such lien in. <br />icgal f.rocecdings which operate to prevent the enforcement of Ihe Hen or f"rfeiture of the Property or any part thereof. <br />. HaanlIasura8C'C4 Borrower :shaH keep [he fmprO\'f:'mems now eu~un.g or hereafter erected on the Property insured <br />againM joss bv fire, hazard" induded within the term "c.'\!endc:d co..'eragc". and such other hazards as Lender may require <br />and in such ainounts and for Juch penod~ a~ Lender may reqUIre; pf(wld~d. that Lender shall not re-.quire that the amount of <br />,weh coverage ex~eed that anwunl of" covera~c reqUired fo PilY the sllms secured by ~hrs Deed of Trust. <br />The imura~ -caf1"1-<<::r prOViding Ihe insurance 'lnaIl be (ho\Co by Borrower SlIb)CCI ,to approval by Lender; provided. <br />that such approval shaH oot be unreilS,:'mably wit~hckl. .-\H premiums t)n tn.surance pohd~ shan be paid in the manner <br />F'lOvided UDder paraaraph 2 hereof or, If not paid in such manner, by Borrower making payment, when due. directly to the <br />insurance ean1er, <br />AU insurance pc..'lliciei and ~newab there-\1-( $hali be. in h'\fm acceptable 10 Lemler and shall include a standard mOilgage <br />clause in favor of and in form aCl:C'pfllble- 10 Lender Lcn~er !>hall have the fight to hold. the policies and renewals thereof. <br />..Dd Borrower shall promptly furnish to Lender aU tcnewal nnh,,~e:<i and .,11 rec-clpts of paId premiums., In the event of loss, <br />Borrower shan give prompt notice 1n lhe- Insurance- -.:arnct and Lender. Lender may make proof of 1(l-sS If not m"dc promptly <br />by Borrower. <br />Unless lender and Borrower- utnerwlse agree in wntmg. Hl~uran(.'e prot:eeds shall be applied 10 restoration or repair nf <br />the Property da~. provided such te\lofaUon Of re-p~jjr !'i ~i.:()~l\mHcaHy (ea~ihle y.nd the security 01 thi~ Deed of Trust IS <br />not thereby impa.Jred. It 'Such restoration or repair 1'\ lH){ eC(Jflonll\:ally feaSible or II ihe f)cl:urity of thi"i Deed of TruSI would <br />be unpaired. the insura,","'( proc-ttds shall f)(' appt~d 10 the SUin'i s.e~urcd by this Deed of Tmsl. with t~e. eXl:ess. if any, paid <br />to Borrower. If the Property is abandoned by Borrower. nr if Horrower fatls to fe~p\-")nd to Lender \--vithlll 30 days from the <br />date notice is maikd by lender to Borro~e-r that the insurance carner offers to settle a daim (or msurance benefits, Lender <br />is authorized to collect ;:lOd apply tbe insuran~ PH.:",,:;eed.s at Lender'i option either to res,lOration or repair of the Property <br />or to Ihe sums ,"""ured by thos Deed of Trust. <br />Unless Lender and Borrower otberwuiC agree in writing. any ~uch apphcatlon of proceed't to principal shall not extend <br />or ~Ipo.ne the due date of the- monthly tnM.aUmenr.. referred to In paragraphs J and 2 hereof or change the amount 01 <br />~,,'~iI in$laUrrw:nt$. If under pa.raaraph IS befOOl t~ Property is "c~ulred .by Lender. all righl. title and interest of Borrower <br />In and to any insurance pohctes and in and to the proceeds lhereof multlng t rom damage to the Pwpeny prior to the sule <br />or acquisition shall pus to Lender 10 the c:\tent of the sums secured b\' this Deed of Trust immedIately prior to such sale or <br />acquisition. .. <br />'- ~..... _ ~ of .....,.".,.; Le~ Condominiums; Pbtnaed Vail Developments. Borrower <br />shall k.eep the Property in ~ rep&tr a.nd ~haU n~J' commit "aSlt:: o~ pennll lTtlpi.lirrncnl or dete-rioration ~f the Property <br />and shall comply with the pro-vtsions of any lea.se if thIS Deed of Tru~t IS on .a leasehold. If this Deed of Trust IS on a unit in a <br />condominium Qr .. pianned unjt devclopmcnt. Borrower s.haH petform all of Borrower's obligations under the declaration <br />o-r covenants creatlng or governing the condominium or planned unll de\'ek'lpment, the by-Jaws and regulations of the <br />,,~inium or planned unit development, and COf1iUl~nl documents, ~ Jf a condominium or planned unit develop~elll <br />n\let l5 executed by Borrower and recorded together With thiS- Deed of 1 rust, the covenants and agreemenb Qf such ndef <br />shall be incorporated ill10 and shaH amend and s-uppkJm:n1 the co\'enanh and agreements of this Deed of Trust as if the rider <br />were a part hereof. <br />1. ~ of Lcadief'~ Sectuity. If Borrower faib to perform the covenants and agreeml.':nts l'ontained in This <br />Deed ~ TnIIt* or if any acbon or proceeding ,is commenced whkh malenuUy affects Lender's interest in Ihe Propeny, <br />iodudina. bul not limited to} eminent domain, inWtvenc)', ",-ode eu(or~~ment. or arrangements or pn;)I,;:eedin~ Involving ~ <br />bankrupt or decedent. then Le:nder at Lender's option, upon notice 11..1 Borrower, may make such appearao(cs, disollrsc weh <br />sums and take SQCh .ttd:ion as is' ~ry h) protect unde.r"~ interest, including. but not limited to. disbursement 01 <br />~ attoroey', fea and entry upon the Property w make repairs If Lender rc,,!uired mortgage in5uranl~e ll~ a <br />coedition of mak,mg the loan scc.qred by thi$ .Deed ot Trusl* Borrower shall pay the premiums required to maintain :!ouch <br />~ in eft"ect untit lueh: ttmc. -as tbe rcqul!'emeUl for such Ifl$ur-au.;e ItnninatC$ in accordant;e with Borrower'", and <br />t..toc:Ier.. wtlU*n.. ~ or applicable. ia",'. Borrower &haH pay lhe amount of all mortgftgf: in~urance premiums Ifl the <br />__ pmoided under. paraa1'IIpb 2 bcrcof. <br />. Afty amouQta dkbitned by Lender pursuant to rhl$ paragraph 7, wllh mte.tC1ot the-n:on. shall become additional <br />j~ of Borrower JeC.ured by this Deed of TroS.L Unlest Borrower and Lender <llt'"<< h-, other terms of pay'men!. sll~h <br />- tIlaIl bepa}'&llle upon IIOlke from Lender to Borrower ..,,,,,eSlin, payment thereof. and shan hea, lIlte.....t from lhe <br />dale ot~ lit 1110 tlll4> payable from time t" time on our.,.nding pnndpal undor th. Not. uni<<s pay_nl <>f iDlC"''' <br />,t.{ MiIdI rate. WO'Uid be CQntrary to applicable law. in which evenl ~uch amounU. ",hall beaT inter<<t at Ihe highC$t rate': <br />~w. ittIdN- apptic-abie law. Nodtin. ctmulJncd in this para-staph '1 dlatt -require Lender tft incur an)' expense Of' take <br />..., -~, <br />I. " r DlaY make Of'.,"'a\.* W be made. fe.uonabk- entr~ upon anJ inspc<tloo-s uf tht~ PU'lpef(}', pnYH..k-J- <br />tn..t.~ Jtort(.W,"eJ' not~. p'flor f4.) an)' "uch irn.pcctlon ~pe.;ltytn-& t(:.tionat.lc t:.uj$C (heretor related 11) l.e-rK.tU"f'S <br />,-.t Iii'" Y. <br />