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<br />I <br /> <br />84 - 004418 <br /> <br />L <br /> <br />appiicabie law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender sh~ <br />give to Borrower. without charge, an annual accounting of the Funds showing credits ~d 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, together with the ruture monthly installments of Funds payable prior to the due dates or 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-an-monthly . <br />installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance_preri1iurits-and <br />ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from:tbe_,date;notice -_ <br />is mailed by Lender to Borrower requesting payment thereof. <br />Upon payment in full or all sums secured by this Deed or Trust, Lender shall promptly rerund to Borrower a,lY Funds.held' byL,end,;r. If <br />under paragraph 18 hereor the Property is sold or the Property is otherwise acquired by Lender, L~nder shall apply, no later than ill\ll1ecliately <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 />J. Application of Psyrnents. Unless applicable law provides otherwise, all payments received by Lender under the Note and -paragraphs 1 <br />and 2 hereor shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then tointetes~ <br />payable on the Note, then to the principal of the Note, and then to interest and principal on any Futute Advances. <br />4. Charges; tiens. Borrower shall pay all taxes. assessments and other charges, fines and impositions attsibutable to the Property which <br />may attain a priority over this Deed of Trust, and leasehold payments Oi 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 promptlyJ~h~to <br />Lender an notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly <br />furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this:-Deed of.TrUSt; <br />provided, that Borrower shaJI not be reqUlred to discharge any such lien so long as Borrower shall agree in writi.....g to the:paynient,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 t"f the Property or any part thereof. <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or t~r", \ter erected on the Property insured against-loss by flI'e, <br />hazards included within the term "extended coverage", .!tnd such other hazard LeH....~rmay require and in such amounts and for such periods <br />as Lender may require; provided, that Lender shall nor re-quire- thM the amount of such coverage e.."Cceed that a.--ncunt of ccvergge required to-p=y <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 not 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 shaH 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 shall promptly furnish to <br />Lender aU renewal notices and an receipts of paid premiums. In the event of loss, Borrower shali give prompt notice to tht insu..-ance ca...-ner-,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 coHeci an.d appiy the insurance proceeds at Lender's option either to restoration or <br />repair of the Propeny 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 monthiy installments referred to in paragraphs I and 2 hereof or change the amoum 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 [hI: sale or acquisition shall pass to Lender to the extent of the swns secured by this Decd__ <br />of Trust immediately prior to such sale or acquisition. <br />6. ProservaUoo aDd MIllDleuDC< of Property; Leasebolds; CODdomlalums; PlaDued Vall DevelopmeDts. Borrower shall keep the <br />Property in good repair and s.hall 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 development. Borrower <br />shall perform aU 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 consii:~lent documents, If a condominium or <br />planned unit devdopment 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 supplement the covenants and agreements of this Deed of Trust as if the rider were a part <br />hereoL <br />1. ProtectioD of Lender'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 interest in the Property, including. but not limited to, eminent domain, <br />insolvency. code enfon..-ement, or arrangements or proceedings involving a bank.rupt 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 anornc)"s fees and entry upon the Property to make repairs. If Lender requir~ mortgage insurance <br />a... a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required 10 maintain such insurance in efftet <br />until such time as the requirement for such insuran+.::e terminates in accordan+.::e 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 I..~nd("r pursuant to ~his paragraph 7, with interest thereon. shaH become additionai indebtedness of Borrower <br />~ured by this. De<<t of TrusL Unless Borrower and Lender agr<< to other terms of payment, such amounts shall be payable upon notice from <br />Le'uder to Borrower requcs.ting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on <br />outs.tanding principal under the NOte unless payment of interest at such rate would be contrary to applicable law, in which evenl such a.mounts <br />thall bear interest at the highest rate permissible under applicable law. Nothing contained in this. paragraph '7 shall require Lender to ini.:ur an)' <br />ex~n.u~ or take any action hereunder_ <br />B. luper-tloD. Lt-ndtl' may make or cau~e 10 be made reasonable entries upon and inspections of the Property. prOVIded that Lender shall <br />ghc Borrower nonce prior to au)' .sud, inspa;lion s-~ifying reasonable cause therefor related Ii..) lender's mlerest III the Propeny. <br />9. <.:OQckaulatiun. The PfCX:et.'\l1\. of any awa,rtl or claim lur damages. direct 01 \.',--Hl$C"\lU~i1tIaj, lf1 .;nllflei;tlon with allY ('ondc-mu..tl!(\ll 1.)1 <br />orhcr takmg or the Property, or part therrof. ()f for \';otl'.-(')'aru:~ in lieu of l.:oUdemnallon, arc hereby as.~lgned anJ "IHtll t)(' ('did HI J ("nd~f <br />tn th('evrnt of a tot.al taking of the Prol'l<:'l'ty, lhe pnx<<ds. _~hall t)( applied to the SUul); ~J:~.:ured hy Ihls tked of Trust, \\ilh the e,\I.:.;......., 11 ;-Hl!-, <br />~ld to liorrow(,L In th(' event \~f it partial taking of the Property, uflle-~'\- Borrower' and 1 ende! otherWIse dgfce 1Il wrHlIlR, lht'f(~ ~hail h..:- appla'd <br />to the "-UfH.} ~"-',l-Htd b\' thiS [.k:e>l.i of In,,,,r HH.:h propl.,lHlOll of the pttxctd,,,- ;t~ ;<, ~Qua: :..1 thai PtoPOHhHl 'o\IHd\ iht' il.llliHlIll ,)/ \lit' ,UII1\ ~~'\ \,l[{'d <br /> <br />r <br />