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<br />~A~ 00.3681 <br /> <br />.. ,_..-> <br /> <br />L <br /> <br />applicable law requires such interest 10 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 i:tI1d debits to the Funds and the purpose for whiCh cacfl.. <br />debit to the Funds was made, The Funds are pledged as additional security for the sums secured by this Deed of Trust. <br />I r the amount or the Funds held by Lender, together with the future monthly ins~llments of Funds payable prior to the. duedatcs of taxes, <br />assessments. insurance premiums and ground rents. sh3.11 exceed the amount required to pay'said ~,_aSsessmen~, iIisur~-ptemhunS,an~ <br />ground rents as they fall due, such excess shall be, at Borrower's option. either promptly repaid to Borrowet.or.credited 10 Borrower on IIIOII!blf <br />installments or Fuods, If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance:premi1IltIsaJId ' <br />ground rents as they rall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 day.from thedatAon<liiee <br />is mailed by Lender to Borrower requesting payment thereof. - <br />Upon payment in rull of all sums secutedby this Deed of Trust, Lender shall promptly refund to Borrower anYl'undsheldby.~...;.lf, <br />under paragraph 18 herear the Property is sold or the Property is otherwise acquired by Lender. Lender shall apply, no later.tban Immedi~y <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:tht-~ <br />secured by this Deed or Trust. <br />3, Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under .the Note andparagrilphs'l <br />and 2 hereor shall be applied by Lender Iirst in payment of amounts payable to Lender by Borrower under paragraph 2 hereof,then to irileresr . <br />payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. <br />4, Charges; !Jens, Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the.PropertY.whi~o <br />may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the-manner provided underparagraPh-2,_~Cr?r: <br />or, if not paid in such manner, by Borrower making payment, when duc, directly to the payee thereof. Borrower,sball promptly,f~~_:.t~:: <br />Lender all notices of amOunts due under this paragraph, and in the event Borrower shall make payment directly, B6rrower._shall:p,rOm'p:tly/o <br />furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over_;this__peed,of-TI:Ust; <br />provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in -writing. to the -payment- of,the..-' <br />obligation secured by such lien in a manner acceptable to Lender, or shall in good faith conteSt such lien by. or defend enforcement ofsuCh',Uen_ <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereOf~ <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on-the Property insured againSt loss-by.iJier <br />hazards included within the term . 'extended coverage", and such other hazards. as Lender may require and in such amounts-and for such periods ;-;; <br />as Lender may require; provided, that Lender shall not require that the ;:.mount of su,,- '..:)Verage exceed that arnountof coverage requiredtiJ--j)ay- <br />the sums secured by this Deed of Trust. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval-by Lend~; provided, thaLsuch 'approval <br />shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided under paragraph-2 hereof-or, ifnot <br />paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. <br />All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in-favor-of <br />and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shan promptly furnisb to <br />Lender all renewal notices and all receipts 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 promptly by Borrower, <br />Unless 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 Dot thereby_ impaired.- If ,such <br />restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance-proceeds'_,shall be, <br />applied to the sums SC1::ured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by 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 insurance camer-offers to <br />settle a claim for insurance benefits, Lender is authorized 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 Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall Dot extend or postpone-the due <br />date of the morllhly installments referred to in paragraphs 1 and 2 hereof or change the amount of such instalhnents. If under paragraph 18 <br />hereof the Property is acquired by Lender I all right, title and interest of Borrower in and to any insurance policies and in and to the'-proceeds <br />thereof resulting from damage to the Property prior to the sale or acquisition shall 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. Preservation and Maintenance of Property; Leasebolds; Condominiums; Planned Unit Del'elopments. Borrower shall keeP the <br />Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the-provisions <br />of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit developmentJ Borrower <br />shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium Of_ 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 development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such <br />rider shall be incorporated into and shall amend and supplemem the covenants and agreements of this Deed of Trust as ,if the rider were a part <br />hereof. <br />..,. Prote<'don faf t-f'ndfr'~ Se<-orHy, 1 f Rorrl)wer fa.ils 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 interest in the Property, including, but not limited to, eminent domain, <br />insolvency, code enforcemem, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice <br />to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including. but <br />not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance <br />as a condition of making t.he loan secured by this Deed of Trust. Borrower shall pay the premiums required to maintain such insurance in effect <br />until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower <br />secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from <br />Lender to Borrower requesting payment thereof, and .shall bear interest from the date of disbursement at the rate payable from time to time on <br />outstandiog principal under the Note unless paymem of interest at such rate would be contrary to applicable law, in which event such amounts <br />shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any <br />e~pcnse or lake any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall <br />give Borrower notice prior to any .such inspection specifying reasonable cause therefor related to- Lender's interest in the Property. <br />9. <;ondemnaUoD. The prpcteds of any award or claim for damages. direct or con.sequemial. in connection with any condemnation or <br />other taking of the- Property. or part thereof, or for c(>pveyancc in lieu of condemnation, are hereby assigned and shall be paid to Lender. <br />in tbe: event of a total laking of the Prope'fty. the: pr(~eed~ ~hall DC- apptitd to the sums secured by this Deed of Trust, with the exccss, if any, <br />paid to 'Borrowet. In the- evc:iH of a partial taking of lht Property. unless BOI!ower and lender otherwise agree in writing, there shall be applied <br />to ftlt- 1<u.m$ :;e<:;<Q1<<i by thh l~ HI' rn.lsl ~u-r.~h pWPOl"t\-Otl of the- pr<.x:.t:t'd" a,., is equai to [hfU prolx,Jflron which the:: amoum of [h-c' :-,llrm '1t."',:-ufi:d <br /> <br /> <br />r <br />