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<br />r <br /> <br />r <br /> <br />84-003714 <br />applicable law l';eCIuircs 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 Borrow~. Withou't charge, an annual accounting of the Funds showing credits <lnd 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 or the Funds held by Lender, logether with the future monthly installments or Funds payable prior to the due dales 01 taxes, <br />assessments, insurance premiums and ground rents, shall exceed the amount required to pay sai,d taxes, assessments, insurance premiums and <br />ground rents as they fall due, such excess shall 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 shalJ not be sufficient to pay taxes, assessments, insurance premiums and <br />ground rents as they rail due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the datenoti<:e <br />is maiJed by Lender to Borrower requesting payment thereof, <br />Upon paymenl in rull or all sums secured by Ihis Deed of Trust, Lender shall promptly refund 10 Borrower any Funds held by Lender. If <br />under paragraph 18 hereof the Property is sold or the 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 tbe sums <br />secured by this Deed of Trust. <br />3, Application of Payments, 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 principal of the Note, and then to interest and principal on any Future Advances. <br />4. Charges; Liens. Borrower shall pay aU taxes, assessments 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, if not paid in 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 10 Lender receipts evidencing such payments, Borrower shall promptly discharge any lien which has priority over this--Deed of Trust; <br />provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in writing to the payinent -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-of such lien <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 fIre, <br />hazards included within the term "extended coverage", and such other hazards as Len'.. .- may require and in such amounts and for-such periOds <br />as Lender may require; provided, that Lender shall not reQL;ire that the-l\ffiOunt of such ...overage exceed that amount of coverage required to-pay <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 Lender; provided, that such' approval <br />shall nor be unreasonably withheld. All premiums on insurance 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 />All insurance policies and renewals thereof shall be in form acceptable to Lender and shaH 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 shall promptly furnish-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-catrier 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 not 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 secured 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 carrier 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 not extend or postpone the due <br />date of the monthly installmems referred to 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, 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 [0 such sale or acquisition, <br />6. Preservation aod Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. 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 Detd of Trust is on a leasehold, If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower <br />shall perform all of Borrower's obligations under the declaration or covenants creating or governing 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 development rider is executed by Bofiower and recorded together with this Deed of Trust, the covenants and agreements of such <br />rider shall be incorporated 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 of l..endl!r's Securit~. If Borrower fails 10 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 Lenderfs 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 w, disbursement of reasonable attc.ney's fees and entry upon the Property lo make repairs. If Lender required mortgage insurance <br />as a condition of making tbe 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 />jaw _ Borrower shall pay the amoullt of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amount.s 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 requt;siing payment thereof, and shall bear interest from the dale of disbursement atlhe rate payable from time to time on <br />outstanding principal under the Note- unless payment of interest at such rate would be contrary to applicable law, in which event such amouOlS <br />~hall beat Jntcrest at the highcst rate permissible under applicable law. Nothing ,:omained in this paragraph 7 shaH require Lender to incur any <br />f.'xpem:e or lake any acuon hereunder, <br />8. huptdiub. l.render may mak.e or ;;aur,(; to be made reasonable entries upon and inspcx:tlOos of the Property, provided that Lender :.haH <br />gIve- B(lrmWer nouce prioi 10 any such im,pection ,specifying reasonable r.;'au~c therefor related to Lender'~ intertst in [he Propeny. <br />iJ, CondemruUjo6. fhe pIOl.:Ced:i or any a'o\'ard Of claim for darnage..~, dir~cr or ~'0n_sequentlal, in (.'-onneCl1or\ with .any condernnatJon U1 <br /><.J~hEr l.aldnjf of !h'~ Ptor-<Hy, or paB thereof. or fCiI ;':Ol1vcytUlI.:C Ifl ilcu (If ,,;oudemnatjofl, an: hereby a";,,igned and :;haH he pa,iJ te, 1 tilde. <br />In lht, ;;own! Hf a bllll tat-wi' of the PH)ptny, the rf!.xt"eds :-ha!l bt applied to :hc 'lUnb 'l-c,;urcd b., thIS tleni of 1 ruc;l, v>'Hh the cx\:e::.~, rf -iin~, <br />P,)).,H.:l H~ fk.no......",_ In (tot: ,''\;t:iH t,f a part!i;i! tJ~long oflht" PIOpCfl~~. uale:..:', B(lrH);~('f and l tlt..:kr cHhu'AoJSt d_gr...'t':n ,,,-rilIng, Ihn~. \hall be- .lpp!it'd <br />['_1- :f'-,r ',H'-"<; '.'~nil td hi !hl\ 1)o;:-{:d lif r HJ<.! '.-\lch pi \,p".n\on nf lilt prn...:,~e;,h h equH_1 tl1<.il pr,,-!p'_\r li.,n ......h1Lh ,he d;J)U~l)I~ ,}t .cC~ u','~1 <br /> <br />L <br />