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<br />I <br />84~ -<J04'898 <br /> <br />r <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 ""d debits to the Funds and the purpose f", which each <br />debit 10 the Funds W8.< 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 futute 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 sail! taxes, assessments, insurance premiums and <br />ground rents as they fali due, such excess shall be, at Borrower's oprion, either promptly repaid to Borrower or credited to Borrower on monthly <br />installroents of Funds, If the amount of the Funds held by Lender shall not be sufficient to pay tues, assessments, illSttl'aDCe pmniumsand <br />ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the defICienCy within 30 days from the datellOtice <br />is mailed by Lender to Borrower requesting payment thereof. <br />Upon payment in 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 18 hereof the Property is sold or the Property is otherwise acquired by Lender. Lender shall apply, no later than immediate1y <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 qainst the sums <br />secured by this Deed of Trust. <br />3, Applkalloll of Pay_Is. Unless appoo.ble law provides otherwise, all payments received by Lender under the Note and parasrapbs I <br />and 2 hereof shall be applied by Lender fIrst m payment of amounts payable to Lender by Borrower under paraaraph 2 hereof. then to interest <br />payable on tbe Note, tben to the principal of the Note, and then to interest and principal on any Future Advances, <br />4, Qoaraes; UelII, Borrower shall pay all taxes, _menls and other charges. fInes and impositions attributable to the Property which <br />may attain a priority over thi, Deed of Trust, and leasehold payments or ground rents, if any, in the manner provided under parajll'aph2henlof <br />or. if not paid in ~uch manner. by Borrower maJullg payment. when due, directly to the pA~-tbereof. Borrower-sba!!-proutpt.lylYrnim::~~ <br />Lender all notices of amoun" due under this paragraph. and in the event Borrower shall make payment directJy. Borrower ~hallprompdy <br />rurnish to Lender receipts eviden<:ing such payments, Borrower shall promptly discharge any lien which has priority over tbisI;leedofTru#: <br />provided, [hat Borrower ,hall not be required '0 discharge any such lien so long as Borrower shall .,..,. ;n writing 10 ~ payment of the: <br />obligation secured by such iien in a manner acceptable to Lender. or shall in gOO<l f~ith cootest such lien by. or defend enforcementofll\lehIif:lt <br />in, legal proceedings which operate 10 prevent lhe enrorcemenl of the Ii... or fc,fcit:".. ,f the p.-operty or any part thereof, <br />S. Haunll.......""". Borrower ,hall koep ,to improvement. <tOW e.. .. or l1I'~eafter.:reeled on the Property insured agaiDst 1_ by lire, <br />hazards included within the term "extended cover....". and such other hazards as Lender may require and in such amounts andJot1UcllpCriods <br />as Lender may requue; provided, that Lender shall not require that tbe amount of such cover. exceed that amount of c:<WCrlIll\'requinodlOpay <br />the sum. secured by this Deed of Trust. <br />The insurance carrier providing the insuran,'C shall be chosen hy Borrower subject 10 approval by Lender; provided. that sueh~al <br />shall not be unreasonabl~' withheld, All premium. on insurance poliCIes shall be paid in tbe ttlIJtMt provided under pa.rqraph 2 hereof or .ifliOt. <br />paid in such manner. by Borrower making payment. when due. dire<:tly to the insurance <:artier, <br />All insurance policlt's aod remwa1s thereof shall be io form acceptable to Lender and shall include a standard tIKll'lgage clause in favor of <br />and in form ....,e!>table to L<nder. Lender ,hall have the right to hold the policies and renewab thereof, and Borrower sha1l prQlnPllytumisluo <br />Lender all renewaloo.ices and all receipt< of p;lid premiums. lOlhe event (If loss, Borrower .haII give prompt notice to the inluratICC carrier and <br />Lender, Lender may make proof of k", If not made promptly by Borrower, <br />Unl.... Lender and Borrower otherwise llllf"" in wri'illl!, insurance pr<><:ecds shall be applied to restoralinn or repair of ~ PtQperty <br />damaaed. provided 'uch restoration or repair is economically feasible and tbe S<lCUrity of thls Deed of Trust is not thereby impaired. If.S\Idl <br />'estora~ion or repair" not economkaUy reuible or if the securilY of this Deed of Trust wOllld be impaired. the insurance proc:eedllhal!' be <br />applied to the sum. secured by tllis Deed of Trust. with the ex,..... if any, paid 10 Borrower, If the Property is ab<<lldoued by Botr_. or if <br />Borrower falis w tapofN to Lei}der lhithin 30 da;"5 from t~ dat-e noti~ is m&iKd byl..widw- to &r:ow: L~ the =~~ ca.t'!!!r offfn:_ to <br />settle a daun for itl$urance benefi... Lend", is authorized to collect and apply tbe illlUrance proeeeds at Lender', option either 10 RStorad9nor <br />repair of the Property or 10 lhe 'Ul1l5 secured by this Deed of Trust. <br />Unless L"nder and Borro""" otherwise ~ in writilll!, any .""h application of proceeds to principe! shall not extend or postpone the dlle <br />da~e of the monlhly installments referred to m PAtllllfaplu I and 2 hereoI or change the amount of.uch iGltllllmcnts, If under JllII'lIIflIPh 18 <br />hereof the Property is acquired by Lender. all ritlht. title and interest of Borrower in and to any insuran<:e poIidet; and ill and to the proceeds <br />thereof resuililtj from datr..ase 10 the Property prior 10 the sale or acquisition "hall pass to Lender to lhe extent of the sums secured by this Deed <br />of Trust immediately prior to .uch sale or acquisition, <br />6. "-""fiuto; aaa ~ of ~; l..-IoollII; C<ilid~IIilIii.-; I'tiiued UiIlt DewI.-_. Borrower $hall keep the <br />PrOtlO"y ill good repair and shall not commit waste or permit impairment or detetioration of the Property and $hall COQIply with the provWons <br />of any '- if this Deed of Trust is on a leasehold, If thls Deed of Trlat is on a unit in a condominium or a pIllIltIed unit deYeIopment,Borrower <br />.ha11 poorionn all of Borrower's obligations under the dedantion or coverwus creatlna or govemi.nl the 00IICkHni1lium Of pIllIltIed unit <br />development, the by-laws and regulations of the oondomjnium or planned unit development, and CODStituent doc:umems, If a condomiJlltilIt Of <br />pianned unit developmenl rider is executed by Borrower and recorded top:ther with this Deed of Trust, the covewlts and 811_ of such <br />rider shall be incorporared into and ,hall amend and supplement the covenants and asr-ents of this Deed of Trust as if the rider were a part <br />hereof, <br />7. PNteetIoa of l.aIckt's~, If Borm.... fails to perform the covenanu and ""cements contained in this Deed of Trust. or if any <br />action 01 proceodiltj is commenced which materially affects Lender'. IDter..t in the Property, including, but not limited to, eminent domain. <br />insolvency. rode enf<m:ement, or amllllements or proceedillJS involving a bankrupt or decedenl, then Lender at Lender's <>pt:ion. upon notice <br />to Borrower, may make sucb lIpj)eatlIllCeS, disburse such .ums and take .uch action as is neoessary to proteCt Lender's interest, indllding, but <br />~ I~mked ltl-~ d~_l nf rM:~ !!!!Q!~'$ f~ and mt.ry!!pm! tM ~y to mAkJ: r~r$, if I_..end<< r<<!\lJoo mort.,.. il1$~ <br />... ~ of makiJIIlhe loen _ured by this Deed of Trust, Borrower shall pay tbe premilUll5 required to maintain such imurancc in effect <br />unti1 ouch time as the requirement for such insurance terminates in acwrdance with Borrower's and Lender" writtal ""cement or applicable <br />law, Borrower >ha1I pay the amount of all lfiOl'tla&e inourance premiums ill the manner provided under paragraph 2 hereof, <br />Ally lISDOVDlS disbur..a by LClldef pursuant to this paraaraph 7, with interest thereon, shall become additional in<leblcodnets of Borrowa <br />_ed by this Deedot illlSt, UnIc:ss Borrower and Lender ....... to other terms of paymenl, .uch amounts shall be payable upon notice from <br />U;nder to 80110wOl: reqllt5litlg payment thereof, and shall bear interest from Ihe date of disbursemenl at the rale payable from time 10 time on <br />0utSta1ldma principa1 under the Not. un1ess payment of interest al such rate would be contntry to applio:able law, in wbld1 event luch amounts <br />illIIli bear im<<e$t lit tbe lliIbest rate permissible under applicable iaw, Nothing contained in this paragrapir 7 .ha11 rllqui", Lender to incur any <br />ClI:~ Of tm allY acUoa here.wlder. <br />., l........l.Q!Ier mar mab or ....... to be made reasonable entries upon and iNpeetiono of the I'to\>etty. provided lhat Lender shall <br />liv" 80<<_ ootice prior to my.uch llUpiMion <pcdfylac..-..able cause therefor related to Lender', lot_t in the Prl'lJlCrty, <br />.~- ~:Q!1i.ulrn..M~ lb4t pt~ of 4!!1' award ~ cl.un fnr~; ~ or c~twltia!. in_ ,;oon<<tion \\"illl any rondemnatian Of <br /><Jlhet t4iJIII<>f Ii><: ~ty. Of part therrol', Of fOf ronveyll.OOt! '" IJcu of condemnation. ar" hereby ....ianed and ,hali be ~d to Lende... <br />In tlioo...- 01'11 t<l!lll takirlt of the l'r<>petty, tbe pr~ $haII be applied 10 the tom, "",...ed by this Deed of TruM, willt the .~~._, if An)', <br />~!e ~~" !n!.~ ~ cl a ~~~-Ull~,tM' t~ ~1t 'U_~ Bu:rnwe: 3:"..d !,e:~ (~~~wig ~~ in 'Wr;~h"~. t~.~ ~U ~ =~~ed <br />10 In. ,-. 5<<_ by Ih" ~ oJf 1m! .",,)> prOJ!<>rtiOll of the pro''',b liS " eq.....lro !lUll pt'Ol"-"'lo.., wbkllrb. """""" "f tll.. "1M" """,,<<l <br /> <br /> <br />L <br />