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83006544
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83006544
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Last modified
11/20/2008 10:11:02 AM
Creation date
11/20/2008 10:11:02 AM
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DEEDS
Inst Number
83006544
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<br />I <br /> <br />)3..;,;;;., 006544 <br /> <br />applicable law requiRs .uch interest to be paid. Lender .ball not be required to pay Borrower any intuest or earninss on the Funds. Lender !lbaI1 <br />give to Borrower. witbout charge, an annual accountill8 of tbe Funds showill8 credit. and debits to the Funds and tbe purpose for which each <br />debit to the Funds was made. The Fund. are pledged as additional security for tbe .ums secured by this Deed of Trust. <br />If the amount of the Funds beld by Lender, tog<tber witb tbe future monthly installments of Funds payable prior to the due dates of tax... <br />_ts, insurance premium. and ground rents. .hall exceed the amount required to pay sail! taxes. assessments, insurance premiums and <br />ground rents as they fall due. sucb ex<:esli shall be. at Borrower'. option. either promptly repaid to Borrower or credited to Borrower on monthly <br />installments of Funds. If the amount of the Funds held by Lender .hall not be .ufficient to pay tax.., ......ments. insurance premiums and <br />ground rmts as they fall due. Borrower shall pay to Lender any amount necessary to make up tbe deficiency within 30 days from the date notice <br />i. mailed by Lender to Borrower requestill8 payment thereof. <br />Upon payment in full of all sums secured by this Deed of Trust. Lender .hall promptly refund to Borrower any Funds held by Lender. If <br />under paragraph 18 hereof the Property i. .old or the Property is otherwise acquired by Lender. Lender shall apply. no later than immediately <br />prior to tbe sale of the Property or its acquisition by Lender. any Funds held by Lender at the time of application as a credit against the sums <br />secured by thi. Deed of Trust. <br />3. ApplkalloD of P_u. Unless applicable law provides otherwise. all payments received by Lender under the Note and paragraphs 1 <br />and 2 hereof.hall be applied by tender first in payment of amounts payable to Lender by Borrower under paragrapb 2 hereof. tben to intuest <br />payable on the Note, then to the principal of the Note, and then to rnterest and principal on any Future Advances. <br />4. C1t1ll'pS; LIeDo. Borrower shall pay all taxes. ......ments and other cbarges. fines and impositions attributable to the Property whicb <br />ma)' attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. in the manner provided under paragraph 2 hereof <br />or. if not paid in such manner, by Borrower making payment. when due. directly to the payee thereof. Borrower shall promptly furnish to <br />Lender aU notices of amounts due under this paragraph, and in the eVent Borrower shall make payment directly, Borrower shall promptly <br />furnish to Lender receipts evidencing sucb payments. Borrower shall promptly discharge any lien which has priority over this Deed of Trust; <br />provided. that Borrower shalt not ~ required Ie discl1arge any such lien so long as Borrower shall agree in writing to the payment of the <br />obligation secured by such hen in a manner acceptable to Lender. or shall in good faith contest such lien by. or defend enforcement of such lien <br />in~ kgal proc:etdings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Huard iDsanuIce. Borrower shall keep the: improvements now existing or hereafter erected on the Property insured qainst loss by fire. <br />hazards included within the term "e:uendcd coverage". and such other hazards as Lender may require and in sueb amounts and for such periods <br />as Lender may require: provided. that Lender shall not require that the amount of such coverqc exceed that amount of coverage required to pay <br />the sums secured by this Deed of Trust. <br />The insurance: carrier provlding the insurancr shall be chosen by Borrower subject to approval by Lender; provided, that sucb approval <br />shall not be unreasonably withheld. AH premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not <br />paid in such manner. by Borroy,-er makUll payment. when due. directly to the insurance carrier. <br />All in'lUfance pohcies and renewals thereof shaU be: In form acceptable: to Lender and s.tlaU indude a Slandard mortgaac clause in favor of <br />and in form accept.ablc to LendC'f. 1.I:'ndcr shall have the right to hold the policies and renewals thereof. and Borrower shall prompdy furnish to <br />Lender all rffiCWaJ notkes and aU receipts at' pw:d premiums. In the evwt of loss. Borrower shall give prompt notice to the insurance carrier and <br />lender. Lend<< may make proof of loss it not made promptly by BorroVt"er. <br />Unkss Lender and Borro..v otherwise ~ in writin&. insurance proceeds shall be applied to restoration or repair of the Property <br />damqcd. provided such fator.lion or repair j!\ economically feasible and (he security of this Deed of Trust is not thereby impaired. If such <br />restoration or rtt*f is nOt eronomicaily f~ibk Of If the set."UriIY of this Deed of Trust would be impaired. the insUf~ ..ceedJ shall be <br />.pplled to tbe.urns secur<:d by this Deed of T''''t. with the ex=s. If any. paid to Borrower. If the Property is abandoned b) Borrower. or if <br />Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the itl5urance carrier offen to <br />settle a claim for insurance bend1u. Lender jJ authori.zed to collect and appty the .insurance proceeds at Lendcr1s option either to restoration or <br />repair of the Property or to the ,ums secured by this Deed of Trust. <br />Unless Lender and Borrower otberw!.sc ..... in wriliD&, any ,uch application of proce<od! to principalsball not extend or postpone the due <br />date of tbe monthly itutallmen.. referred to in paragraphs I and 2 hereof or chanae ,be amount of .uch installmen... If under paragraph 18 <br />hereof the Property .. acquiled by lender. all riabt. title and interal of Borrower in and to any insurance policies and in and to the proceeds <br />thereof reou1tina from damqe to the Property prior to the &ale or acquisition shall pass 10 Lender to tbe extellt of the ,ums secured by this Deed <br />of Trust immediately prior to such sale or acquisition. <br />6. "-_ _ M-.- of ~; l-..Na; COlIIIe"",,",...: ......... Valt De.oI.'...... Borrower shall keep the <br />Property in aood repair and shall not commit waste or permit im,*""",,t or deterioration of the Property and sha1I comply with the provisions <br />of any I..... if this Deed of Trust i. on a ieasel>oJd. I f this Deed of Trust is on a umt in a condominium or a pIanoed Wlit de>elopmcnt. Borrower <br />sha1I pe<fonn all of Borrower', obIiplioos under the declaration or cov........ c:reatina or lovemina the CODdumiDlUlll or plllllned unit <br />de\oeIopment. tlte by..laW1 and reauIa1ions of the condominium or pIanoed unit development. and constituent docwnents. if a coD<lominiUlll or <br />pIanDed unit deveIopmesrt rider is executed by Borrower and ro:orded 1000ether with this Deed of Trust. the covenants and qreements of mch <br />rider sha1I be incorporated into and sha1I amend and ,upplcment tbe co......... and _to of this Deed of Trust as if the rider were a part <br />hereof. <br />7. "-- or~.~. If Borrower fails to pe<fonn the covenants and _u contained in this Deed of Trust. or if any <br />action or proceetlina is 00lDItI<:ft<ed wlticb materially affects Lender', int....t in the Property. includina. but not limJted to. eminent domain. <br />imol_. code enforcement. or~.. or pr".,.".Qj.... involvina a bankrupt or decedent. then Lender at Lender'. option. upon notice <br />'0 Borrower. may make .uch _. disburse such sums and take such action as i. n<<:eosary to prote...~ Lender's interat. indudina. but <br />not limited 10. dilbuncment of reasonable attorney', fees and entry upon the Property to make repairs. If Lender required ~ insurance <br />as a coodItion of makina the loan ....'Ufed by this Deed of Trust. Borrower shall pay the premiums required to maintain such itl5urance in effect <br />Wllil such time at the requiremen, for such insurance terminates in accordance with Borrow..... and Lender's written _, or applkable <br />law. Borrower sha1I pay tbe amounl of all """'- insurance premiums in the manner provicled under par....ph 2 hereof. <br />Ally _ disbursed by Lender pursuant to this paragraph 7. with interest thereon. shall become additiOllal indebtedneu of Borrower <br />~ by this Deed of T..-. Unless Borrower and Lender ..... '0 ocher 'erms of pI._t. such amount> sha1I be payable upon notice from <br />1..-r1O Borrower requestin& payment tl>m:of. and sha1I bear ioterest ftom ,he da'e of disbursement at the rate payable from time to time on <br />-"1llllliIl& priJIciplIlIIltIer the NoIe Ull!as paymeot of illt_ at such rate would be contrarY to appIkable law. in which .....t sucb amounU <br />sha1I beat iatenst at tho ltlJheol "'~ permissible under applicable law. Nothil18 contained in this paraaraPh 7 sha1I require Lender to incur any <br />........... or talr.e any so:rioo l>erewtder. <br />t. '........ Lender tIWly make or c:a_ to be made roasouabie entries upon and inspectiON of tbe Property. provided that Lender shall <br />_ ........... - prior I() any ,ud; iMpoo:.UoIl spcdfYlnl..-ble.._ tbekfor ....wed 10 Lender', interell in the Property. <br />.. Ce~""--"t'TIi... The pc-. of any a_d or claim for~. direct or coOMlQUC1Ilial. in connection with any condemnation 0' <br />0''''''' talr.q of tbe I'r"1*'lY. Of l*f1lhm1of. at: for COIIveyaace in IWu of c<mdemnation. are hereby aWaned and sha1I be paid to Lender. <br />III 'lor_ ofa_talltIIofthe~y. the pr""eed..bail be applied totbesums~by ,1Ut DeedofTTUlt, with theexcas. if any. <br />l'lOi<l to Borrower. In lhe ..- uf . -"al takitts of the ""-ty. unlcu llorrow<< and Lender o<benr... ..... in writina. thon ohalJ he applied <br />", ,lot............-uttI!I by this Deed of Tr.m tt1<:ll prO\><ll1.lM of the Pf"""""" .. ;. equal to lha' ptOl>Ortion ..-bicb tbe IUllOUnl of tbe sum. wcuffil <br />
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