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<br />I <br /> <br />L <br /> <br />I <br /> <br />64 - 003417 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as foflows: <br /> <br />.1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the <br />Indebtedness evidenced by t.he Note, prepayment and late charges as provided in the Note, and the principal of and interest <br />on any Future Advances secured by this Deed of 1 nisi. <br />Z. Funds for Taxes and Insarance. Subject to applicable law or to a written waiver by Lender. Borrower shall pay <br />to Lender on the day monthly installments of principal and interest arc payable under the Note, unlil 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 onc-twelfth of yearly premium installments for ha7..ard insurance. <br />plus one~twelfth of yearly premium installments for mortgage insurance. if any. all as reasonably estimated initially and from <br />time to time by Lender on the basis of assessments and bjlJ~ and rcaronable estimates thereof. <br />The Funds shall be held in an institution the deposit~ or accounts of which are insured or guaranteed by a Federal or <br />stare agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said faxes. asses~ments, <br />insurance premiums and ground renle;, Lender may nO( charge for so holding and applying the Funds, analyzing said account <br />or verifying and compiling said assessments and hills, unless Lender pays Borrower interest on the Funds and applicable law <br />permits Lender to make such a charge. Borrower and Lender may ~gree in writing at the time of execution of this <br />Deed of Trust that interest on the Funds shaU be paid to Borrower, and unless sllch agreement is made or applicable Jaw <br />requires such intere~t to be paid. Lender sha.n not be required to pay Borrower any interest or earnings on the Funds. Lender <br />s.hall give to Borrower, without charge. 3n annual accounting of the Funds ~howing credits and debits to the Fund!> and the <br />purpose for which each debit to the Funds was made. The Funds are pledged a!i additional security for the sums secured <br />bv this Deed of Trust. <br />~ If the amount of the Funds held hy Lender, together with the future monthly installments of Funds payable prior to <br />the due dates of taxes, a~essment~. insurance premiums and ground rents, :-;hall exceed the amount required to pay said taxes~ <br />assessments. insurance premiums and ground rents as they fall duc, 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 10 pay taxc',- assessments, insurance premiums and ground rents as they fall due. <br />Borrower shall pay to Lender any amount neces.sary 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 fuJ! of all sums secured by (his Dl~ed ot Trust, Lender shall promptly refund lo Borrower any Funds <br />held by Lender. If under paragraph 18 hereof the Property 1<; sold Of the Propert~. IS otherwise acquired by Lender. Lender <br />shall apply, no later than immediately prior to the s.<tle of lhe ProperlY or ils acquisition by Lender. any Funds held by <br />Lender at the time of applicarion as a credit against the sums secured by this Deed of Trust. <br />3. Application of Paymen's. Unless applicable !iiw provide.. otherwise, all payments received by Lender under the <br />Note and paragraphs t and 2 hereof shall he applied bv Lender fir'a in payment of amounts payable to Lender by Borrower <br />under paragraph 2 hereof. then to interest payable 01 t. Note, th~n to the principal of the Note. and then to interest and <br />principal on any Future Advances. <br />4. Chal'R:e5j Liens. Borrower shall pay all 1:IXC". as.sessmcnt<;; .md other charges. fines and impositions attributable to <br />the Property which may attajn a priority over this Deed of Trust, and Jea.whoJd payments or ground rents, if any. ~n the <br />manner provided under paragraph ;Icreof or, if not paid in such manner, by Borrower making payment. when due, directly <br />to the payee thereof. Borrower "hall promprly forIllsh to Lender all notices.of 2omounts 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 pnonty over thIS Deed of Tmst; prOVIded, that Borrower shall not be <br />required to discharge any such lien so long a, Borrower shall agree in writing ,10 the payment of the obligation secu~ed ~y <br />such lien In a manner acceptable ({) Lender. or shall ill good (.tlfh contest Stich lien by, or defend enforcement of such hen m. <br />legal proceedings which operate 10 prevent the cnfo~cemenl of the licn or forfeiture of the Property or any part thereof. <br />5, Huard Insurance. Borrower shall keep (he Improvements now cXI~tmg or hereafter erected on the Property insured <br />against loss by fire, hazards indudcd wiThin 'he tenn "e~tcnded coverage", and such other hazards as Lender may require <br />and in such amounts and for such periods as. Lender may rc-quirc; provided. rhat Lender. shall not requJre that the amount of <br />'!.llch coverage exceed lhat amount of coverage rC4ulrcd 10 pay the sums secured by thlS Deed of Trust <br />The insurance carrier providing the insurance ",hall he chosen by Borrower subject 10 approval by Le~der: provided, <br />that such approval shall not he unreasonably wilhheld, All premiums on insurance policies shall be paid in the manner <br />p!"ovided under paragraph 2 hereof Qr, if nut paid in such manner, by Borrower making payment, when due. directly to the <br />insurance carrier. <br />All ins.urance policies and renewals therel.ll' shall he in form acceptable 10 Lenuer and shall include a standard mongage <br />clause in favor of and in tom) acceptable 10 Lender. Lender :-.hall have the right to hold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender .~II renewal notices and all receipts: of paid premiums, In the event of loss, <br />Borrower shaH give prompt notice W the InSUral1t.:'c carner and Lender. Lender may make proof of loss if not made promptly <br />by Borrower. <br />Unless Lender and Borrowt:r olherwisc agree in writing. Insurance proceeds shall be applied to restoration or repair of <br />the Property damaged, provided suc-h restoration or cep.Hr is c~(Hlomil.:ally feasible :md the security of this Deed of Trust is <br />not thereby impaired. If such festOlatlOn or repalf is not economically feasible or if the ~curity of {his Deed of Trust would <br />be impaired, the insuran-ct: proceeds shall be applied to the sums secured by this: Deed of Tnlst, with the excess, if any, paid <br />to Born.lWCr. If the Property is abandoned by Borrower, ()f if Horrower fails to r~-spond lO Lender within 30 days from the <br />dale notice is mailed by Lender ro Borrower that the ln~urancc carrier offers to settle a claim for insurance benefits, Lender <br />is authorized to collecr and apply the insuI an-ce 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 olherwise agree in writing, allY 3-uch application of proceeds to principal shall not extend <br />or postpo~e the due_ date of the monthly installments refer'red to in .paragraphs I and 2 hereof or ~'h~ng('! th~ afT10mH of <br />:o:ut.~n mstallmerHS, 11 under paragraph 1 ~ hereof the ProperlY is acqUired by Lender, all right, title and jnterest of Borrower <br />in and to any insurance poEcies and in and to the proceed:; ther.:of rc-iulting from damage 10 the Property prior io lhe sale <br />or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or <br />acquisition. <br />6. Prese.n-'adon and Mainte-n3oc:e of Property; Leaseholds; Condominiums; Planned Unit J)evelopments.. Borrower <br />shall keep the Property in good repair and shall not commit waslc (ir permit impairment or deteriDration of the Property <br />and shaH comply with the provisions of any lease if this Deed 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 pedorm all ot Borrower's obligations under the declaration <br />or covenants creating or governing the condominium or planned L1nit development. the by-laws and regulations of the <br />condominium or planned unit development, and constituent documents, If u 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 />s-hall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as jf the rider <br />were a part hereof. <br />7. Protection of lA'oder's Security, If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust. or if any action or proce-eding is commenced which materially affects Lender's interest in the ProperlY, <br />including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a <br />hankrupl or decedent, then Lender at Lender's option. upon notice to Borrower, may make such appcaranci..-'S, dishursc slIch <br />sums and take such action as is necessary to protect Lender's interest. including, hut not limited to, disbursement of <br />reasonable auorney's fees and entry upon the Property to make repairs. Jf Lender required mortgage in,.,urance 3\ a <br />condition of making the loan secured, by this Deed uf Trust. .Borrower shall pay the premiums required to maintain slIch <br />ins.uranc.e in effect until web ,time as the requirement for such insurance terminates in accordance with Borrower's. and <br />Lender's Writtell agree-ment or applicable Jaw_ Borrower shaH pay the amount of all mortgage insurance premiums in the <br />f!19P.net provi~ tmd.c"r p.:;~gr~ph 2 t:.ereof. <br />Any _ a.mouQts- di&bursed by Lender pursuant to this:_ paragraph 7. with interest thereon, shall becQme addit~Qnaj <br />indel>ted_sof IlClrrQwer ux:ured by this Deed ofTrusl. Uill.... Borrower aild Lender agree 10 other terms Qr p.ym.ot, sueh <br />amo,m($ shan be payable upon notice from Lender to Borrower requesting payment thereof. and shan bear Intere:\t from the- <br />date of dilbutJeme-nt at the rete payable from time to time on outstanding p-rindp.<1] under the Note unless payment of interest <br />at lUeh rate would be contrary to apphcahw law, in whtch event 5.u-C'h amounts <;;haH hear mterest at the highe,~t rate <br />permbsible under applicable Jaw. Nofhjng '-',Qntained in ihis. pllragrap-h 7 !;h.ali fL"Quire Lender to mC1Jr .any e,xpense or take <br />...yl(;t""'~' <br />I. ~ _ Lender may make or C~U$e to he made, reusonahJ( C'ntriC\ upon ~n.J ll1\PC,:1H)fl$ of {he Property, pWVI<.h.'d <br />tMf Len44tf ,lbaIl,iVe Borrower not,h:c prior UJ .any such in,.poc:tJoo spedfyiog reas.onahJe <;;:allsc there(('lf rchth'l.f w Lend':f'.. <br />j nterl:$t in the Propcrt\'. <br />