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<br />I <br />004513 <br /> <br />B4-- <br /> <br />I <br /> <br />applicable law requires 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 Borrower, without charge, an annual accounting of the Funds showing credits dIld debits to the Funds and the purpose for which each <br />debit w 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 future monthly installments of Funds payable- prior to the due dates of 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. I f the amount of the Funds held by Lender shan not be sufficient to pay taxes, assessments, insurance premiums and <br />ground rents as they fall due, Borrower shall pay [0 Lender any amount necessary to make up the deficiency within 30 days from the date notice <br />is mailed by Lender to Borrower requesting payment thereof. <br />Upon pa}ment m full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If <br />under paragraph ]8 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 the sums <br />secured. by this Deed of Trust, <br />3. ApplicaUon of Paymenl.i1i. Unless applicable law provides otherwise, a1l payments receivtw:i by Lender under the Note and paragraphs 1 <br />and 2 nereof shall be applied by Lender tlrst 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; U4!ns. Borrower "hall pay all 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 to 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 payment of the <br />obligation secured by such lien in a manner acceptable to Lender, or shaH in good faith ....<Jntest such lien by, or defend enforcement of such lien <br />in, legal proceedings whi..:h operate w prevent the enforcement of the lien or forfciwre c. 'he Property or any part thereof. <br />5. Hazard Insunmce. Borrower shall k.;:ep the Jmproveme!',t.-, now existin~ _....1 nert-, ._r erected on the Property insured against loss by fire, <br />hazards included wirhin the term . 'extended coverage". and such other hazard; i..... Lender may require and in such amounts and for such periods <br />as Lender :n~j' r~~ire; pr0-v~ded, !.na.! Lender shall nm re-Qu!re that th~ amomH ('If such l~(Wer~ge e1(ceed th:u amount of covtrage required to pay <br />Ihe ~ums secured by this Deed of Trust. <br />The insurance carrier providing the insurance shall be \.'hosen by Borrower subject to approval by Lender; provided. that such approval <br />shaH not be unreasonably withheld. All premiums on Insurance policies shall be paid in the manner provided under paragraph 2 hereof or. if not <br />raid in ~uch manner. by Borrower making payment. when due. directly 10 the insurance carrier. <br />All H1surance policies and renewals thereot shall be in form aCl.:eptable to Lender and shall include a standard mortgage clause in favor of <br />and ill form a('ccptablc to Lender. Lender :-.haU have the right EO hold the policies and renewals thereof. and Borrower shall promptly furnish to <br />Lender all renewal notH:es and all receipt\ ~}f paid premiums. In the event of loss, Borrower shali give prompt notice to the insurance carrier and <br />Lender. I.coder may mah rwof of lo~':! .fnot made prompdy by Borrower. <br />Unless lender a.nd Borrower otherWise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br />damaged, provided such restoratiOn Of repair is economically feasible and rhe security of this Deed of Trust is not thereby impaired. 'If such <br />reswration or repair is not C\:cnoflllcaHy feasible or if the security of this Deed of Trust would be impairedt the insurance proceeds shall be <br />applied to the sums. s.<<ured by thl~ 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 wltllln 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. l.ender is authorized to collect and apply Ihe insurance proceeds at lender's option either to restoration or <br />repair of the property...n to the sums se-.:ured 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 ins.tallments referroo to in paragraphs I and 2 herevf or change the amount of such installments. if under paragraph 18 <br />hereof the Property is acquired by lender. aU right, litle and interest of Borrower in and to any insurance policies and in and to the procccd.s <br />t~reof resultir-.g from damage to the Property prior to the sale or acqui:;ition shall pass to Lender to the extent of the sums secured by LtUs Deed <br />of Trust immediately prior to such we or acquisition. <br />6, ..........lIoa .ad Mlllal~aaa<. or Proport)'; Leuebolds: Coadomlnlums; Pluaed Unit Oo..loplllell", Borrow~r shall keep lhe <br />Property in good repau and shaH not ,,~ornmit waste or permit impairment or deterioration of the Property and shall comply with the provisions <br />of any lease if th~.s Deed of Trust is \.m a leasehl.lJd. I f 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 />developmem, the b)'~laws and regulations oi the condominium or planned unit development~ and constituent documents. If a condominium or <br />plannN unii de,.-clopment rider is. ex~U{ed hy BorrV....-~l and re:.;orded togt:thet with this Deed of Trust, the co....enants and agreements of such <br />rider shall be inl.:orporatoo into and shall amend arid supplement the cu\'cnants and agreements of this Deed of Trusl as if the rider were a pan <br />heroof. <br />i. Protection of Lender's SKurhy. If Borrower fails to perform the I.:ovenants and agreements contained in this Deed of Trust, or if any <br />a..:tion 0r pr\.-x:~-ding is rommenced which matenally affel.:ts lender's interest in the Property, including. but not limited to, eminent domain, <br />m.s.oh'en.:y. cooe enfor~elT1ent, Qr arrangements or prQt,,:eedings im'olvinll a bankrupt Of uet=c-dent, then Ltnder at Lender's option. upon notice <br />It) Borrower, may mak.e- such appearances. disburse such sums and take such action as is necessar)' to protect Lender's interest, including. but <br />not hmited to, disbursement of reasonable attorney's fees. and entry upon the Property to make repairs. If lender required mortgage insurance <br />a5. a ..:ondition of making the loan securc-d by rnls Deed of Trust, Borrower shall pay the premiums requited to maintain such insurance: in effect <br />until :':ouch time as the requirement fUf :!ouch msurance terminates in ai.':cordance with Borrower's and Lender's \\Titlen agreement or applicable <br />law, Borrower shali pay the amount of ail mongage insuran.:c premiwns in the manner )rm:ided. under paragraph 2 herrof. <br />Any amounts disbursed by lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of BorrOWtl <br />st\.--urtd by this I)eed ot I rwt. Unless Borrower and Lender agret' to other terms of payment, such amounts shall be payable upon notice [rom <br />Lend!:; to Ek)H(,wtr- requc_s.tlng payment thereof, and ~hall hear mterest from the Jate of di!obur~(ment at the rate payable from time to time on <br />outstanding principal under the Note unless payment of 11llt:rest at su..:h ra.te would be l..:onuary to applicable-law, in which (ycnt such amount:) <br />'Shall hear interest at tht hIghest rate permissible under applicable- law, Nothing .:onlained in this paragraph 7 shall require LendC'f to incur any <br />"'-pense- or lake any a.:tion hereunder <br />ft. hUptdloD. Lender may makt: or \,:ausc to be made reasonable entries upon and ms(X'Ction~ of tht Property. pro....ided that Lruder ~hall <br />glVC UOHowcr notil~t:' prior 10 any such inspe;:tion $pedf,..iog rCa30nable \.'aust therefor related to Lender'" lfltcr('~r tn the Property, <br />q, ('.<<nd~D.tloo, rne prtk:t:.e'\h of an)' a\loard or daim fur damagc~, Jirect ur ,,;ume\.{ucmiitl. III ,:unncl.-Ullll with any ,:ondl'mn..tlhll\ l'1 <br />other tOikHlg of the Pn.lpeoy. m pan thereof. or for \:ot)veyance In lieu or ..:om.lemnauon, art~ hereD)' <L\iII!lJled anJ :o;h.tU be p;uJ: tiJ 1 l."l'h.h,'j <br />in the evenl .., Q !tHai t~kin@. of [he ~IWpert)', the pnx:eeds s.h.all he applittl to (he 'Ulm W":lHt'd b) dH~ Dec-d'll 1 ru....t. 'o\-Hh thl:" ("\, t::.-,> , If JH:~, <br />1~1.1.J h~ U-uffowcr. io ~he ("Vt:lU nf d partial u\ktnj! \11' rhe Propeny, link."" HUff,'wer and l.ender ,lthc'l'"'l:'>(, ;tgll'C ,11 \"';lllll.g, ,hen.' .~hall he .tppJtcd <br />l{~ !he ....nn" "i-c..;:un:'d M)- !hn !ked (~f l'ru'it ~ui.-b r-fi1pnrt!rm lJf1he pr(ln'e~h ;-b j~ t'qua! (h<--il -pr'lfhll\h'll \>'!w.-h th,: ;~nh_\Un[ ,\( \11(' "t:n,'. ',':~'\H~'t~ <br /> <br />L <br />