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<br />I <br /> <br />r <br /> <br />., n"'2 <br />84-~v.917 <br /> <br />applicable law reqUIres s.uch interest to be paid, Lender shall not Ix- required to pay Borrower any interest or earniQ.@:s on the Funds. Lender shall <br />give to Borrower, without charge. an annuaJ accounting of the Funds showing credits 4Ild debits to the Funds and the purpose for which each <br />debit to the Funds was made. The Funds are pledged as additional security for the sums secured 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 the due dates of taxes. <br />ID.SeS5men~s. insurance premiums and ground rents. shaH exceed the amount required lO pay saUl taxes, assessments. insurance premiums and <br />ground rents as they fall due, such excess shan be, at Borrower's 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 shall not be sufficient to pay taxes. assessments~ insurance premiums and <br />ground rents as they fall due, Borrower shall pay 10 Lender any amount necessary to make up the deficiency within 30 days from the date notice <br />is mailed by Lender to Borrower requesting payment thereof. <br />Upon payment in fun of all sums secured by this Deed of Trust. Lender shall promptly refund to Borrower any Funds held by Lender. If <br />under paragraph 18 hereof the Property is sold or the Propeny is otherwise acquired by Lender, Lender shaD apply, no later than immediately <br />prior to the sale of the Property or its aCQUisition by Lender. any Funds held by Lender at the time of application as a credit apinst the sums <br />secured by this Deed of Trust. <br />3, '\ppllatlo. 01 Plyme.... Unless applicable law provides otherwise, all payments received by Le.der under the Note and panpaphs I <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest <br />payable on the Note. then to the pnnopa1 of the Note, and then to interest and principal on any Future Advances. <br />4. Chaf'ls; Uens. Borrower shaH pay aU taxes. assessments and other charges, fines and impositions attributable to the Property which <br />may auain a priont)' over thtS Deed of Trust. and leasehold payments or ground rents, if any, in the manner provided under par.....2,hcreof <br />or. If nor paid m such manner. by Borrower making payment. when due. directly to the payee thereof. Borrower shall promptly furnish to <br />Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly <br />furnish to Lender receipts eVldencmg such payments. Borrower shall promptly discharge any lien which has priority over this Deed -of TiuIt; <br />provided. that Borrower shaH not be required to discharge any such lien so long as. Borrower shall agree in writina to the payment of-the <br />obligauon secured by sUl;h hen In a manner acceptable to Lender, or shaH in good faith contest such lien by, or defend enforcemeut,of 5udrlieD' <br />in. legal proceedings WhICh operate to prevc-nt tht' enforcement of rhe lien or forfeiture of the Property or any part tbereof~ <br />5. Huard hlluran<<. Borrower shall keep the improvemcms now existing or hereafter erected on the Property insured apinst loa by fire. <br />hazards Included WIthin lhe term' 'extended ,overage" . and such other hazards as Lender may require and in such amounts and for such-periods <br />as Lender may reqUire: providt'd. that Lender shail nOl reqUIre that the amount of such coverage exceed that amount of coverqc requir'ocHo pay <br />the s-ums ~ecured by !his Deed 01 frust <br />fhe- msurance carner prondmg the Insurance ..hall be chos1:":n hy Borrower ~ubJect to appova1 by Lender; provided, that such approval <br />shall not bt' unreasonably w1thheid. All prt'111ums on insurance pI..'llicies shalt be paid in the manner provided under parqraph 2 hereof or. if not <br />paid In ~uch manner. by Borrower making payment. when due. Jir~t.Iy 10 the msuram:e carrier, <br />All Insurance f.-'lQhcie~ and r-enC',,"als thC'n:ot lihall be In form acceptable 10 Lender and shall include a standard mon.. clause in favor of <br />and in form act.:eplable W Lender Lender ,haH havt' the right to hoJd the pohf..-'1cs and renewals thereof, and Borrower shall promptly furnish to <br />Lender aU renewal nOtK"CS and all receipts ,Jf paid premiums. in the event of loss. Borrower shall give prompt notice to tbe insuram:c-carrier-aod- <br />Lender _ Lendcr may make proof of 1m:!! I t not made promptly by Borrower. <br />Unless Lender and Borrower olherW'ist aar~ III wr1tiI13. msuran~ proc-ceds shaH be applied to restoration Of repair of the Propeny <br />da.maied. provlded suo.:h restoration or repan 15 economi\..-aUy fea..'iible and the security of this Deed of Trust is not thereby impaired. If such <br />restoration or repair I_S nOI economically feasible or If th~ sa;unty of tlus Deed of Trust would be impaired. the insurance proceeds shall be <br />applied to the :sums ~ured by this Deed of Trust. With the e~c.en. if an)'. paid to Borrower. If the Property is abandoned- by Borrower. or if <br />Borrower falls to respond to lender wlthm 30 -da)'1 from the dale nouee \.3 mailed by Lender to Borrower thaI the insurance carrier offers to <br />settle a claim for tfisurana- benefits. Lender tS 8uthonud [0 ,oUa..\ and apply the insurance proceeds at Lender's option either to restoratiOll or <br />repair of th~ Property Of to f.he sunu s~----uted by thiS Deed of TrusL <br />Unless Lender and Borrower olherWt;;.c alfce in writinl, any such appucation of proceeds to principalshaU not extend or poIt.pooe- the due <br />date of the monthly inslaUment:. referred to 10 par-agraphs 1 and 2 hereof' or chanac the amount of such installments. If under paraarapb 18 <br />her-eof the Proper-ty IS acquired by Lender. all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds <br />thereof ....ulul1llrom damage 10 Ihe P'Opel'ty prior 10 the sale or acquisition shall plSIIlO L~nder to the ...Ienl of the.ums lIeCIlrc4 by lhit DoecI <br />of Trust immediately J:".I!ior to such salt- or a{:qu1siHoo <br />/). PftMnaUo..1Id M~.__ 01 ,",-,y; ~; C....._._; PIuIIod Villi 01,,11[1'111 '". Borrower sbUlkeep lhe <br />Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and sba1l comply with the provisiont <br />of an)' letic tf thiS Deed 01 frust is on a leasehold. ! r this Deed of Trusl is on a unit in a condominium 0( a planned unit development. Borro.<< <br />shaH perfOfnl all of 8onow-er's obhgations under the declaration or covenants creatillJ or lovernilll tbe condominium or pIaaftcd unit <br />development, the by~Jaw:s. and reguiatiom of the condODllw-Um or planned unit dtvdopmcnt. and constituent documents. If. condominium or <br />planned unit development ndet IS ,,-'<<"tod by Borrower and r<<orded together with lhi. Deed of Trust, the covenan.. ancI _IS of sw:h <br />rider shall be incorporated into and shaH amend and suppiemC'nl the CQvenants and aareemenu of this Deed of TruSl as if the rider were a part <br />hereof. <br />'7. Prottdioa of l..atder's Security. If Borrower falls {O perform the \..'-t.wena.Uls and 8.l-reements contained in this Deed of Trust, or if any <br />action OJ pro..:.~tng IS comm~n\"-ed WhKh matcnaHy affects Lender's. mte-rest m th~ Properly. includina. but not limited to, eminent domain. <br />l~ol...enC)'. \,'(,)(.1c- entor-.:ement, 01 arranie-mcuts or proc-eedina.s mvolvmg Iil ba.nkrupt or decedent. then Lender at Lender's option. upon notice <br />to Borrower. may make such appe-aram,'~. disburse 'mch sums and take such action as is necessary to protect: Lender's interest, includina. but <br />r-.ot !hni:cd to, disburse:nent of n:as-O-nabk: auonrey's fea and entry upon the Property lO make repairs. if Lender required mort.Ale insurance: <br />as a condition of malmg the loan seeured by tbis. Deed of Trust, Borrower snall pay the premiums. requited to maintain such insurance: In effect <br />until such time as lM requiftfll('m for such l(bUran~:c terminalC'S in accordance with Borrower's and Lender's written aareement or applicable <br />la'W. Bonow-tf shall pay the amount of ail monlaae Ul5UIamc- premlums in the manner provided under pa.rqraph 2 hereof. <br />Any ilmounts disbuned by Lender p-ut1uanl to this paragraph 7. with intert.5! the-fwn, shaH bel.."'Ome- additional indebtedness of Borrower <br />!!ottuted by thit Dea;I of Tnat. UnleM- Borrower and Lender avee to other terms. of payment, such amounts shall be payable upon notice from <br />Lender to Bonower reqUCltJJlg pa)'tncm there-of. and shall bear interal from the d4lt of disbursement al the ra.tc payable from lime to time on <br />oul$t&ndtna princ1-pal under tbe Note uale$$- payment of interes.t at su.:h rale would be l.'Ontury to applicable law, in which event such amounts <br />ihatJ bc6f lnlCt6-<< at the htahe5-\ r-ate permisliJbk undc-t app-bcable taw_ Noth~nK contained in thit paraanph 7 s.hall require Lender to IOt,.'"Uf any <br />expense Of tt-ke u)' Ktion M-rt-undeJ . <br />.. l...-euoa. L~-r may makt Of cause to be: madt r~..a.s(mable tOWes. upon liuld inspections of t~ Propert)'. pro\'ldcd that Lender dlall <br />IIW Bouow-tr rn>t<<:<<, prior 10 an)' ~uc:h ihspection :t;-pecifyina reaMlnabk l'aus.e lherdor related to Lc:nder'~ IOtt"reslln the Property, <br />9. C~..t.kM.. llW' pf(I(;('Cd-S of any 3-w~fd or daUB for dam.a,.t'S, dlr-cct 01 con~uenua!. In "I)unoctwn With any condemnation of <br />othc:f tUjni l:.f H'l~ PrOpt:ft\', Of ~'t thc-lt'tlJ. ()t for i.:onv1:YlWCt' In b-eu of {,"t)u-dt't'noauon, aft' heehy M-lUgned 11lltS s.hail he ~~Id 10 Len-dCf <br />1ft tht:~tr-fil of -3. t.Qt-al tlkmt of thr PUJflo('ft)', th~ J't-('tC~ ili-aU bc-awlted to thoe ~um!l ~ured h~ th-ijltl>ct-d ,lJ Trust. with the Cll;\.'(:\:s, II auy, <br />Dald w 8t:1fHlWtt In fM 1f!o'e'fH of \;l piut\aj l.itfi, of H~ Ptuvet'IY. unh;"$Ji. BoftO~t'f li.n-d Le-ndCl oth.cr~"l,'i(' 3&fN m wntlt1&, there shaH b~ af'~t~ <br />tv {!It lum~ ~u-r-td hy Hu_;c t~ (}f 1 tU~I 1l;}l.;"O pr('portmn of tht pt(.'.:e~s: a\O t!t t'QuaJ w th:-at ptoporHcm wru;,;n the' <tfUt)U-fH rd- !he "um~ '<('I,.\,ttcd <br />