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<br />83"-006280 <br /> <br />r <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />I. Payment of Principal and Interest. Borrower shall promptly pa.y w~en due the principal o.f 3;nd interest .on the <br />indebtedness evidenced by the Note. prepayment and lare charges as provided 10 the Note, and the pnnclpal of and mterest <br />on any Future Advancc..; secured by this Deed of Trllst. <br />2. Fauds for T."es .nd Insurance. Subject to applicahlc law or to a written waiver by l~ender. Borrower shall pay <br />to Lender on the d:IY monthly installments of principal :lOd interest arc payable under the ~Olc. unlil th~ NOI~ i~ paid in ful.1. <br />a sum (herein "Funds") equal to one-twelfth of the yearly laxes and assessments ~hlc~ may attam pnonty. over thIs <br />Deed of Trust. and ground rcnts on the Property, if any. plus onc-twelfth of yearly premlLlm Installm~n(s for .h~z:ard Insurance, <br />plus. one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated Inltlally and from <br />time (0 time by Lender on the basis of assessments and bills and reasonable estimates thereof. <br />The Funds shaH be held in an institution the deposits or accounts of which arc insured or guaran!ced by a Federal or <br />state agency (including Lender if Lender is such an institution). Lender shaH apply the .Funds to pay said ta~es, as.sessmcnts. <br />insurance premiums arid ground rents. Lender may not charge for so holding and applymg the Funds, analyzmg s31.d account <br />or verifying and compiling said assessments and bills, unless Lender pays Borr~wer l':l~erest on the .Funds and ap~hcablc la~ <br />permits I.ender to make such a charge. Borrower and I.ender may agree m writing at the t,lmc of exccuuC?n of thIS <br />Deed of Trust that interest on the Funds shall be paid to Borrower, and unl~ss such agreement 15 made or applicable law <br />requires such interest to be paid. lender shaii not be required (0 pay Borrower any interes.t or earnin$-s on the Funds. lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showmg cr~d.lts and de~lIs to (he 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 this Deed of Trust. .' <br />If thc- amount of the Funds held by Lender. together with the future monthly Installments of Fl!nds payable pflor to <br />the due dates of taxC1i, assessments, insurance premiums and ground rents, shaH exceed the amount reqUired to pay .sald t~xcs. <br />assessments, insurance premiums and ground rents 3S they fall due. such excess shall be. at Borrower's optIOn, eIther <br />promptly repaid 10 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 faU ~ue. <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 aU sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds <br />held by Lender. If under paragraph 18 hereof [he ProperlY 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. aJl 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. Chal"2es; Liens. Borrower shall pay all t~xes. assessments and olher charges. fines and impositions attributi.lble 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 nol he <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 stich lien by. or defend enforcement of stich lien in. <br />legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any pari thCicof. <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. thaI 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 c;lrricr providing the insurance shall be chusen by Horrower suhjcct to approval hy Lender; provided. <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 />AU insurance policies and renewals (hereof shall be in form acceptable (0 Lender and shall include a standard mongage <br />clause in favor of and in form acceptable to lender. Lender shall have the right to hollJ 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 am.! lender. lender may make proof of loss if not made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of <br />the Property damaged. provided such restoration or repair is economically fe.tsible and the security of this Deeo of Trust is <br />not thereby impaired. If such restoration or repair is not economically 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 this Deed of Trust. with the eXCes.Ii, if any, paid <br />to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 day~ from the <br />date notice is mailed by Lender to Borrower that the insurance carrier offers to seUle u claim for insurance benefits, Lender <br />is.~uthorized to collect and apply the insurance proceeds at lender's option either to restoration or repair of Ihe Propeny <br />or to the sums secured by this Deed of Trust. <br />Unless l.ender and Borrower otherwise agree in writing, any such applicalion of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred 10 in paragraphs I and 2 hereof or change the amount of <br />sueh installments. If under paragraph I N hereof the Properly is a<;quired by Lender, all right, title and interest of Borrower <br />in and to any insurance policies and in and to [he pro<;eeds thereof resulting from damage to the Property prior 10 the sale <br />or acquisition shall pass to lender to the ex.tent of the sums secured by this Deed of Trust immediately prior to such sale or <br />acquisition. <br />6. Preservation alld Maintenance of Properly; Leaseholds; Condominiums; Planned Unit [)evelopments. Borrower <br />shall keep the Property in good repair and shall not commit waste l}f permit impairment or deterioration of the Property <br />and shaH comply with the provisions of any tease if this Decd of Trust is on a leasehold. If this Deed of Trust is on a unit in a <br />condominium or a planned unit development, Borrower shall periorm all of Borrower's obligations under the declaration <br />or covenants crci.lIing or governing the condominium or planned unit development, the by-laws and rcgulalion!\ of the <br />condomin~um or planned unit development, and conslituent documents. If a condominium or planned unit development <br />rider is ex.ecuted by Borrower and recorded 10gether 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 as if the ridcr <br />were a part hereof. <br />7. Protection of Lender's Security. If Borrower fails to perform the 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 lender's option. upon notice to Borrower. may make such appearances, disburse sllch <br />sums and take such action as is necessary to protect lender's interest, including, but not limited to, disbursement of <br />r~sonable atlorn~y's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a <br />cond,ition of making the loan secured by- this Deed of Trusl. Borrower shall pay the premiums required to maintain such <br />insuran(;c ill effect until SUCIl dOle as the requirement for such insurance terminates in accordance with Borrower's and <br />lenc:ie(s written .agree_menl Or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manlier provided. under paragraph 2 hereof. <br />Any' .mouQt~ dis,q~rseo by lender pursuant to this paragraph 7, with interest thereon shall become additional <br />tl1debt~d~ClSi.of Borrower sec:ured .?y this Deed of Trust. Unless Borrower and Lender 3Q-ree to other terms.of paymenl, such <br />~mou,nts &hall, be. pa;yablc upon n01JC,C from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />~te. Qf;d~s~ur54;ment at the- rate payabl_e (rom time to .time ~n oLJtstanding principal under the NOle unless payment of interest <br />at: SlJ~hJ~te. W5>u1d b~.. cor:ttr~ry to apphc.able law, In which event stich amounts shall bear inlerest a.t the hiohe.c;,t rate <br />=;n::c-:llg~ffh~~.~~~;:lucable law. Nothing contained, in this paragraph 7 shall require Lender to incur any expense -or take <br /> <br />tNH~. ~hlJMht~i1~ L~nder may m~ke or,causc to be ma~e reas<,?nable e~(ri~s lIpon and inspeclions of the Property, provided <br />int,e.r..iinof~ ~tO~v,orrower notice pClor to Dny such inspectIon speclfYlOg reasonable Cause therefor reJalcd (0 lcmJe(~ <br /> <br />~ <br />