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<br />I <br /> <br />r <br /> <br />84.- 004396 <br />applicable law requires such iqterest 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 i:lJld debits to the Funds and the purpose for-whi~h 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 furure monthly ins~aUments of Funds payable prior to the due dales of taxes; <br />assessments, insurance premiums and ground rents, shaH exceed the amount required to pay said taxes, assessments. bisurimce prCJni;Wns,-~d\ <br />ground rents as they fall due, such ~xce-ss shall~. at Borrower's option, either promptly repaid to Borrower or credited to-Bd~9wer'o'n'm~n:thly'. <br />installments of Funds, If the amount of the Funds held by Lender shall not he sufficienllo pay taxes, "sesSlJlenlS,insur~'prenli~'''!id ,~ <br />ground rents as they rail due. BOrTower shall pay to Lender any amount necessary !omake up the deficiency wi!hin30daysfrom~th""dall:'llOlice' <br />is mailed by Lender to Borrower requesting payment thereof. <br />UjX.11l paymeni in run of al] Swl'lS secured by tt-Js Deed of Trust, Lcndtr shall promptly rcfu....,d to BorrO'..ver-any' Fu.."lds--heldJ:rj~l';.cr.der~ ~!f-~ <br />under paragraph 18 hereor the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, nohlter~'ittInl~~y <br />prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of applica~on as-a credit_agai~.:'QlC-:~U_~ <br />secured by this Deed of Trust. <br />3. ApplicatioD of Payments. Unless applicable law provides otherwise, aU payments received by Lender under the,_Note and_para8ni~,lc <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hcteof.:then"to _ll1i:erat <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; IJell5. Borrower shaH pay all taxes, assessments and other charges, fines and impositions attn"butable to:thc- Prripcrty-'which <br />may attain a priority over this Deed of Trust, and I~o;.ehoid payments or ground rents, if any, in the manner provided under_paragfapl:i'2~h~f-, <br />or. if not paid in such rnann~r, by Borrower making payment, when due, directly to the payee thereof. Borrower-shall pro~~Y~f~_sh-:~o <br />Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment d.irCctly, Borrower_'~halLp:rotilptly <br />furnish to Lender receipt':! evidencing such payments. Borrower shaH promptly discharge any lien which has priority over this. Dce(:rof -Trust; <br />provided, that Borrower shall nOt be required to discharge any such lien so long as Borrower shall agree in writing:to thc"PaYlnent or-th~ <br />obligation secured by such lien in a manner acceptable to Lender, or shall in good fairh contest ruch lien by, or def-end enforcemenfofsuch lien <br />in, legal proceedings which operale to prevem the enforcement of lhe lier. or forfei~ur~ I the Property or any part thereof. <br />S. Hazard InsunDa. Borrower shall keep the improvements now existint her.,;. ",tter erected on the Property-insured against Ims by rlie" <br />hazards included within the term "e.'\tended coverage" , and such Nher hazards as Lender may require and in such amounts and for such periods <br />as Lender may require:; pruvllJed. ih.u LCllucr shaH (Wi fP.':ltiite- that the aiTiOunt of .iuch CQVffiige €Xci56d that iii"iiGUiit o-fcvYimije .l"""ii.iired'to'pa-i <br />the sums secured by this Deed or Trust. <br />The Insurance carrier prOViding the insurance shall be chosen by Borrower subject to approval by Lender; provided. that such approval <br />shall not be unreasonably withheld. All premiums on insurance policies shaH be paid in the manner provided under paragraph 2 hereof or,- if not <br />paid in such manner. by Borrower mak.ing payment, when due. direcUy to [he insurance carrier. <br />AU Illsurance policies and renewais th('reof shaH be in form acceptable to Lender and shaH include a standard mortgage clanse in favor of <br />and in form acceptable tn Lender. Lender shall have the:- right to hold the policies and renewals thereof. and Borrower shall promptly furnish-to <br />Lender aU renewal notices and all rn:elpts of paJd premiums. In the eVent of loss, Borrower shall give prompt notice to the insurance carrier and <br />Lender. I ,('noer may make prt.)Qf of loss If not made promptly by Borrower, <br />Unles~ Lender and Borrower otherwi~e agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br />damaged, provided such restoration or repair is. et.'OnornicaJJy feasible and the security of this Deed of Trust is not thereby impaired. If such <br />restoration or repair IS fiOl ~onomically feasible or if the security of this Deed of Trust would be impaired. the insurance proceeds shall be <br />applied !o rhe SUlll$ ~o:me>j h::r this Deed of Trust, with the e:\t:e5S, if any. paid to Borrower. If the Pro-perty is aba.'ldoned by Borrower" or if <br />Borrower fails {Q re$pond to l.enuer wlthm 30 days from the dale notice is mailed by Lender w Borrower that the insUfBIlce carrier offers to <br />settle a claim for insuran~e rene-filS. Lender is authQnttd to collect and apply the insurance proceeds at Lender's option either to restoration or <br />repair of the Property or to {he ~ums. '\.tX'ured by this t::><<d of Trusl. <br />Unless Lender and Borrower otherwise agree." in writing, any such appHcauon of proceeds lo principal shall not extend or postpone the due <br />Ualc of the momhlY ms(aiimenl~ reterred h) H1 paragraphs I and 1 hereof or chanse the amount of such installments. If under paragraph 18 <br />hereof the Property is 3l.quired by lender, aU ritlht, tide: and interest of Borrower in and to any insurance poiicies and in and to the proceeds <br />thereof resuiting from damage to (he nopcny prior to the we or acquisition shaH pass to Lender to the extem of the sums secured by this ~ <br />of Trus.t Immcdiatdy prIor to such sale or acquisition. <br />6. Pnso....lloo .ad Malol....o<e of Properly; Lnoebolds; CoodomlDlums; PIaJ...ed t!DlI De..lopmeall, Borrower shall keep the <br />Property 10 g();.)J n:pau and ~haU not commit waste I)r permit impairment or deterioration of the Property and shall comply with the provisions <br />of auy I~Cbe if [hl.~ Deed of Trusl !~ on d leaseholu. If this l>eed of Trust is (lO a unil In a condominium or a planned unit development. Borrower <br />shall perform aU <.'f Borrower's obligations under the declaration or covenants crealing 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 l.1evdopment nder is t",\ecureO by Borrower and reconJ.ed together with this Deed of Trust, the covenants and agreements of such <br />rider shall be inL"ocporated into and shaH arnenu ami s-upplement the covenant.s and agreements of this Deed of Trust as if the rider were a part <br />hereof, <br />7. ProIf'CtiOD of UDder's Secwit)-. If Borrower fails to perform the CQ\o'cnanrs and agreements. contained in this Deed of Trust, or if any <br />action or prO(eeding 1\ ("ommen..::ed WhK.h mate-riaUy aHa:ts Lender's Interest Ul the Property, inc1udins, but not limited to, eminent domain. <br />Ins\)lvency, ':l>de enforcemeI1l. or arrangements or proceedings II1volving a bankrupt or decedent, then Lender at Lender's option, upon notke <br />to Borrower, ma)' make su~h appearani:es, disburse such sums and take such ae(Jon as i~ necessary to protect lender's interest, induding, but <br />not limited to, disbursement (~f reasonable anorney's fees and entry upon the Property to make repairs. If lender required mortgage mSUlance <br />as a condition of making the loan ~e(:ured by this Deed of Trust, Borrower shall pa)' the premiums required to maintain such insurance' in effect <br />until such time a., the requirement for sUl':h msuram.'e terminates m accord.ance with Borrower's and Lender's written agreement or app1il~ble <br />law. 8orrO\4ef shall pay the amount of aU mortgage Hl~urance premiums III [he manner prOVided under paragraph 2 hereof. <br />Any amounts db,bursed by Lender pursuant to [his paragraph '7, with interest thereon, shall become additJonal indebh.."i.1nes:) of Harrower <br />secured by this Deed of TrusL Unless Borrower and l ('ndrr ag!'ee to olher terIT'.5. of payment, such amOilnts shall be payable upon f1(HlCe: from <br />Lender to &Ilfower [':'Questing r.aymem there-uf, and \haH bear imcresl from the date of dls.bursement at the rate payable from ltme: w time un <br />outstanding prtlll.:ipal under the Note unles~ payment of lIHercst at sUl:h rate: would be conua.ry to applicable law, lt1 Whll:h event S.lKh aJ1Wunt~ <br />shall hear interest at the highest rale permi~siblt' under applicable law. Nothing ~olUajned llllhlS paragraph 7 shaH requm.' Lender to IIKUC any <br />('-'pcme or take any action here-uodel. <br />I. laspt('tion. l.~nde.r may make: or cau~e to he made reasonable entfics upon and m)~lions of the Property, pI\.n.ideJ lhat Lender "halJ <br />jllse Borrower notl~ prior 10 any 'Such lI\s{J('\:tion spt:t:if}'"1ug reas.onable (.'au~C' therefor rdaled 10 1, ender's Inler('~1 in t.he Pr\)pert). <br />Cj, Conde-ma.don. fto-t prtXccds of any award UI claim for damages., dlnxt or ,,'on\t:4uenual. In :':'-~HIu,'~tllm wllh any ~'flnUi,"liHltHh.lf\ loll <br />other taxing of fh~ Propeny. Of vart lhereuf, or for \'iJn""c,-an,-~ In heu of (:1_mdt'mndUun, ,ire heri"by .uslgnnl iUld ~ha11 he raid iI\ l. endel <br />In !h~ evtnt of it total taking <..If th(' Prope.ny, Ih!' pH)(eet_b. .-.;hs.H be "-'pphed hllhc ~lim~ 'J,lxllrt-d by lhi.'\. n'('('lf ~)f 1 f ti'5l. .... nh Itlt' t",,'C<'_'. if Ml\, <br />p"t~d:o llorW"'.t-r 10 !hC' ('''-('HI of l1 partialla.kiil,i of Ih(' f)ropell)', utllci,.~ HI)[! o""er Jntl {,enJct olht.rwl-:,(' ~ts.r(.',: 111 wrH;ni:. t!lr-r\' ._.~htl! t,(' ,,-{pplj~'d <br />1u rh(' s.nm'\. ..e-<.:;unu hy !hl' r~t (If frU)l ~lJ.(:h prnportHJfl of thi;' pfcl!.:c'td" ;j;i. \~ ('-qUi'll 1;) th<.ll ill nl"flll.'Jl '.\-11,\ h the ,-lllh1UH: "j Hie .,nm.. "'::'\ <br /> ljl n,) <br /> <br /> <br />L <br />