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<br />I <br /> <br />t.14~4003282 <br /> <br />applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall <br />give to Borrower. without charge, an annual accounting of the Funds showing credits Cind 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 />lr the amount or the Funds held by Lender, together with the rUlure monthly installments or Fund. payable prior to the due dates of taxes, <br />assessments, insurance premiums and ground rents, shalJ exceed the amount required to pay sald taxes, assessments, insurance premiums and <br />ground rents as they faH due. such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to BOrrower on monthly <br />installments or Fund.. If the amount of the Funds held by Lender .hall not he sufficient to pay UlXOS, assessments, insurance premiwnsand <br />ground rents as they rail due, Borrower shall pay to Lender any amount necessary to make up the deficiency witllin 30 days from the date notice <br />is mailed by Lender to Borrower requesting payment thereof. <br />Upon payment in rull or all sums secured hy this Deed or Trust, Lender shall promptly rerund to Borrower any Funds held by Lender, If <br />under paragraph 18 hereor the Property is sold or Ihe Property is otherwise acquired by Lender. Lender shall 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 against the sums <br />secured by this Deed of Trust. <br />3. Application of P8yments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 <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 principaJ of the Note, and then to interest and principal on any Future Advances. <br />4. Charges; Liens. Borrower shall pay all taxes, as.sessments and other charges, fines and impositions attributable to the Property which <br />may 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, jf not paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to <br />Lender aU nOlices of amounts due under this paragraph, and in the event Borrower shaU make payment directly, Borrower shall promptly <br />furnish to Lender receipts evidencing such payments. Borrower shall promptJy discharge any lien which has priority over this Deed of Trust; <br />provided. that Borrower ~hall nOI be required to discharge any such lien so long as Borrower shaU 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, legal proceedings which operate to prevenlthe enforcement of the lien or forfeiture of the Property or any pan thereof. <br />S. Hazard InSUflIDce. Borrower shall keep the impro\'ement~ now existing or hereafter erected on the Property insured against loss by fire, <br />hv.ards included within the t-erm "extended covciagc", and such otJ,cr hazards as Lender may require and in such amounts and for such periods <br />as Lender filay require. prvvided, .hat Lender shaH .lot r{;qu:r;: :hat :h.:.: ::u&ount of such coverage exceed that al'110UIlt of CO,!"epl-8e requL"ed to pay <br /> <br />the sums secured by this Deed of Trust. <br />The insurance carrier providing rhe insurance II be chosen by Borrower subject to approval by Lender; provided, that such approval <br />shall not be unreasonably y,rithheld. All premiums OIl lilsurance policies shall be paid in the manner provided under paragraph 2 hereof or. if not <br />paid in such manner. by Borrower making payment, when due, directly to the insurance carrier. <br />An insurance policies and renewals th("~~of shall be in form acceptable [0 Lender and shall include a standard mortgage clause in favor of <br />and in form acceptable to L{"nder. Lender shaH have the right to hold the policies and renewals thereof, and Borrower shaH promptly furnish to <br />Lender all renewal notices and ail rlXt:ipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and <br />Lender. Lender may make proof of loss if not made promplly by Borrower. <br />Unl~s Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br />damaged, provided such restoratIon or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such <br />restoration or repair is not economkaJ-Iy feasible oc if the- sa:urity of this Deed of Trust would be impaired, the insurance proceeds shall be <br />applied to the sums secured b~' thi,) Deed uf Tru~l, with the- ex.~c=;.!l. if any, piUd to Borrower. lr [he Property is aban.doned by Borrower. or if <br />Borrower fails ro respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to <br />sen.-Ie a claim for insurance benefits. Lender is authori1.ed to collect and apply the insurance proceeds at Lender's option either to restoration or <br />repair of the Property or to the sums secured by this Deed of TrusL <br />Unless Lender and Borrower ot.herwise agree in writing, any such applicalion of proceeds 10 principal shall not extend or postpone tbe due <br />dale of the monthly installmem.s referred lO in paragraphs 1 and 2 hereof or change the amount of such installments. If under paragraph 18 <br />hereof the Property is. acquired by Lender. aU right, title- and iOleresl of Borrower in and to any insurance policies and in and to the proceeds <br />thereof resulljng from damage to the Property prior to the sale or acquisition shaH pass to Lender to the extent of the sums secured. by this Deed <br />of Trust immediately prior to such sale or acquisition. <br />6, Pre.......tJoD ODd MoIDI_D'" of Properly; Leuebolds; Condomlolwns; Plonned Unit De..lopm....., Borrower shall keep the <br />Property in good repair an-d shall not commit waste or permit impa.irmcm or deterioration of the Property and shall comply with the provisions <br />of any lease if this Deed of Trus[ is on 11 leasehold. If this Deed of TruSI is on a unit in a condominium or a planned unit development, Borrower <br />shaU perform aU of Borrower's obligations under (he declaration or covenants creating or govern.ing the condominium or planned unit <br />development, the by~laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or <br />planned unit deve10pmem rider is C--XC(:Uled by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such <br />rider shaU be incorporaced into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part <br />hereof. <br />,. Protection or Leodu's Security, If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any <br />action or proceeding is commenced which materially affects Lender's imerest in the Property. including, but not limited to, eminent domain, <br />insolvency, code entorcement, or arrangemems or proc'eedings im10iving a banKrupt or decedell1, then Lender at Lcnder's option, upon notice <br />to Borrower, may make such appearances, dis.burse: such sums and take such action as is necessary to protect Lender's interest, including, but <br />not limited to. disburs.emenl of reasonable attorney's. fees and entry upon the Property to make repairs. If Lender required mortgage insurance <br />as a condition of making the J03.n secured by this Oet-d of Trust, Borrower shall pay the premiums required to maintain such insurance in effect <br />until :i-uch time as toe requirement for ~uch insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law" Borrower shall pay the- anwunt 0'1' all mortgage imurance premiums in the manner provided under paragraph 2 hereof. <br />Any amo-unt& disbur~d by lender pursuant to this paragraph 7. \\1th interest thereon. shall O<<Offit' additional indebtedness of Borrower <br />-secured by thi5!>eed of TruM. Unles$ Borrower and Lender agree to otOO terms of paymenl, such amounts shaU be payable upon nOlic-c from <br />LenUct w .8ouowcr requesting payment thtreof, and shall bear interest from the date of dIsbursement at the rate payable from time to time on <br />outstanding prin\.-ip:aJ un4tt Ihe Note unless payment of interest at sur.:h rate would be contrary to applicable law, in which ~venl such amOlJnts <br />shall beat interest atlne hiahe:st rate- permissible undtf app!i:;.abk law. Nothiug ..;:ontained in this pafagraph 1 \hall require Lender to incur any <br />e~ Of tale any \l(:tJon hereunder. <br />8. lMj)Kdoa. i~ may make llt C3UM: W be I_nade reasonable: entriC'! upon and inspections of the Property, pr(wlded that LC'od(,f shan <br />sh"t' 1l0rfO'itrff not4"e prkn t(J $f!.Y ~l.K'h lruJ)ei::.tioo 1-pe\:ifying rtawnabic \.-AUSC thcrdor related to L~n.der's lnte-fen in the'- Propert)'. <br />-9. Co.....athm. 1"h.;- p.f(~("eds of any award N claim fOf da.'11agc,:.. dirt'CI D! ..:'un~4uemi:u~ i,n -::unut'ct:oo with any ;.;ondf'n1nation or <br />Ofhet Hi')ana M the Pfo~rt).-'. {If pan Iht:ftQf~ or fOI !.:om'c:yaru.:e W lieu of \:'ondernlUttion. arc helcb)' a.s.ugnro and ~haH bt:- r~aid w Lender. <br />tn ttw (~'fP{ ,.)( -a It)tal ulkJt11l of the fJU):()ttly, the procetdi .ihall be-itppbw 10 th~~-ums .J.(;l;urtd by {ha L"Jeed ut '1 rust, with the:: e_"".;t~s. if .an:>. <br />fSlk:t ltf fk}ff.;)w~r, 111 tM (""'tnt i}f A partial ~l\i.illj{ ,of r.h(i P'_C()pt:rf)', Un.k:1>l fklnowcf and 1. ('!Idee vthe-rwi$(' a~rtt .in writinjf:. rhere )hall be ;'lppht.."d <br />W I,M HUf;,{ ~'U.fW t>t !hi.:J; f~ of Tru-if 'nU~}1 pn)p0rHon of the pt(}(:ceJ~;a~ 1;, (':;;~u-..l in lh.;il p<\..,p'ortiUi~ w~lld; tt~t" ..miJuf!; vf th(' 1-,-,m" w.;.m..-:d <br />