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<br />I" <br /> <br />r <br /> <br />83- 006240 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />1. Payment of Prindp.1 and Interest. Borrower shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, prepayment and lale charges as provided in the Note, and the principal of and interest <br />on any Future Advances secured by this Deed of Trust. <br />2. Funds for Taxes and Insurance. Subject to applicable Jawor to a written waiver by Lender, Borrower -shall pay <br />to Lender on the day monthly installments of principal and interest are payable under the Note, until ,the Note is paid in- full. <br />a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments which may attain priority over 'this <br />Deed of Trust, and ground rents on the Property, if any, plus one.twelfth of yearly premium installments for hazard insurance~ <br />plus one-twelfth of yearly premium instaJlments for mortgage insurance, if any, aU 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 shall 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 the 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 account <br />or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the-Funds and applicable_Jaw <br />pennits Lender to make such a charge. Borrower and Lender msy agree in writing at the time' of 'execution ,-of-_ this <br />Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made OT. applicable law <br />requi~s such interest to be paid, Lender shall not be required t(,) pay Borrower any interest or ear~ing.s on the Funds. ,Len~er <br />shall give to Borrower, without charge. an. annual accounting of the Funds showing credits and debits t~ th~ 'Punds 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 this Deed of Trust. <br />If the amount of the Funds held by Lender. together with the future monthly installments of Funds payable prior to <br />the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required-to pa-y- said taxes, <br />assessments, insurance premiums and ground rents as they fall due. such excess shall be, at Borrower's option,- either <br />promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds <br />held by Lender shall not be sufficient to pay taxes. assessments. insurance premiums and 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 promptly refund to Borrower any -Funds <br />held by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender. Lender <br />shall apply. no later than immediately prior to the sale of the Property or its acquisition 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. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the <br />Note and paragraphs I and 2 hereof shall be applied by lender first in payment of amounts payable to Lender by Borrower <br />under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note. and then to interest and <br />principal on any Future Advances. <br />4. Charges; Liens. Borrower shall pay all taxes. assessments and other charges. fines and impositions attributable to <br />the Property which may attain a priority over this Deed of Trust. and leasehold payments or ground rents, if any. in the <br />manner provided under paragraph 2 hereof or. if not paid in such manner, by Borrower making payment, when due, directly <br />to the payee thereof. Borrower shall promptly furnish to lender all notices of amounts due under this paragraph. and in the <br />event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. <br />Borrower shall promptly discharge any lien which has priority over this Deed of Trust; provided. that Borrower shall not be <br />required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by <br />such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in. <br />legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire. hazards included within the term "extended coverage", and such other hazards as lender may require <br />and in such amounts and for such periods as Lender may require: provided, that Lender shall not require that the amount of <br />such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender: providell. <br />that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner <br />provided under paragraph 2 hereof or, if not paid in such manner. by Borrower making payment. when due, directly to the <br />insurance carrier. <br />All insurance policies and renewals thereof shaH be in form acceptable to Lender and shall include a standard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss. <br />Borrower shall give prompt notice to the insurance carrier and lender. Lender may make proof of loss if not made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agree in \"'Titing, in~urance proceeds shall be applied to restoration or repair of <br />the Property damaged, provided such restoration or repair is econornici\lIy feasible and the security of this Deed of TflIst i!\. <br />not thereby impaired. If such restoration or repair is not economi..::ally feasible or if the security of this Deed of Trust would <br />be impaired, the insurance proceeds shall be applied to the sums secured by [his Deed of Trust, with the excess, if any, paid <br />to Borrower. If the Property is abandoned by Borrower. or if Borrower fails to respond to Lender within 30 days from the <br />date notice is mailed by Lender to Borrower that the insurance carrier olTers to settle a claim for insurance benefits. lender <br />is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property <br />or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. If under paragraph 18 hereof the Properly is acquired by Lender, all right, title and interest of Borrower <br />in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale <br />or acquisition shall pass to Lender to the ~xtent of the sums secured by this Deed of Trust immediately prior to such sale or <br />acquisition, <br />6.. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borro\\'cf <br />shall keep the Property in good repair and shall not commit wasle ('if perrnit imp;lirment or deterioration of the Property <br />and shall comply with the provisions of any lease if this Deed of Trust is on a ieaschold. If this Deed of Trusl is on a unit in a <br />condominium or a planned unit development. Borrower shall peeorm all of Borrower's obligations under the declaration <br />or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the <br />condominium or planned unit development. and constituent documents. If a condominium or planned unit development <br />rider is executed by Borrower and recorded together with this Deed of Trust. the covenants and agreements of such rider <br />shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust ;.IS if the rider <br />were a part hereof. <br />7. Protection of Lender's Se.:urity. If Borrower fails to perform {he covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property. <br />including, but not limited to. eminent domain, insolvency. code enforcement. or arrangements or proceedings involving a <br />bankrupt or decedent, then Lender at Lenders option, upon notice to Borrower, may make such appearances. disburse such <br />sums and take such action as is necessary to protect lender's interest, including. but not limited to. disbursement of <br />reasonable a\torney's fees and entry upon the Property to make repairs. If ~ender required mortgage insurance as ~ <br />condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain :iuch <br />insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Le-nder agree 10 other terms of payment. such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of-disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest <br />at such rate would be contrary to applicable law, in which event such amounts shaH bear interest at the highest rate <br />permissible under applicable law. NOlhing contained in this paragraph 7 shall require Lender to incur nny ex.pense or take <br />any action hereunder. <br />a. l-Rlpedion. Le.nder. may make or cause to be made reasonable cntnes upon ;lOti inspections of the Property. provided <br />that Lender shan give Borrower notice prior to any such in!.ipeclion specifying reasonable cause therefor related In LCllder\ <br />InterC\S-t in the Prooenv, <br /> <br />L <br />