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<br />84-- 00521/1 <br /> <br />r <br />I <br /> <br />applkable law requires such in~erest 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 cbarge, an annual accounting of the Funds showing credits ~nd debi~s 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 of the Funds held by Lender, together with the future monthly installments of Funds payable priorto the due dates of taxes, <br />asressments~ insurance premiums and ground rents... shall exceed the amount required to pay said 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 shall not be sufficient to pay taxes, assessmen~s, insurance "remiums 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 tbedate notice <br />is mailed by Lender to Borrower requesting payment lhereof. <br />Upon payment in full of all sums secured by this Deed of Trust, Lendershall ptomptly 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 laler 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, Appllattlon of Pa}"lt1ents. Unless applicable law provides otherwise, all pa}'UR:nts received by Lender under the NOIe ar.d par-..;;rapbs I <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under para8raPb 2bereof, then to. interest. <br />payable on the Note, then 1O the principal of the Note, and then to interest and principal on any Future Advances, <br />4, Charges; Uens. Borrower shall pay all taxes, assessments and other charges. fines and impositions attributable to the Property which <br />may attain a priority over this Deed of TeuS!. 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 tbereof. Borrower shall promptly fumishlo. <br />Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower sballPrompt!y: <br />furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this~ ofTiust;, <br />provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in writing to the paynftlDt of the: <br />obligation secured by such lien in a manner acceptable to Lender. or sh.all in good faith contest such lien bY1 or defend-enforc:ement.of-suchJieil <br />in. legal proceedings which operate to prevem the enforcement of the lien or forfeiture of the Property or any part thereof. <br />5, Huard 1nsur1lIlCt', Borrower shall keep the improvements now e"isting or hereafter erected on the Property insured against lossbyfite" <br />hazards included within the term "extended coverage" , and such other hazards as Lender may require and in such amounts and for sucbperiods' <br />as Lender may require; pro\'lded. that Lender shall not require ihat the a....nou '"l! of such coverage exceed that amount of covcrase--requirecUo.~ <br /> <br />the :.ums se-.:uren. by !hi~ Dt1:d .....f T :'.!:=,; <br /> <br />L <br /> <br />The insurant'" carrier providing the Insurance shaH be chosen b :ro"et subject ", approval by Lender; provided. that sucbapprova! <br />sball not be unreasonably withheld. All premiums on msurance policies shall be paid in the manner provided under paragraph 2 heRof or. if not <br />paid in such manner. by Borrowt"f maklng payml:ttt. when due. directly to the insuram..'e carrier. <br />All insurance p;.>licI<s and rcnewals thereol shall be in form acceptable to Lender and shall include a standard mortgage clause in favor of <br />and m form acceptahie to Lender. Lender shll have the nghtto hold the policies and renewals thereof, and Borrower shall promptly fllmishtO' <br />Lende,r all renewal noticCj and aU receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the iiu\ll'8.DCCCanier-aaid-~ <br />Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unles.s l.ender and Borrower otherwise ......, in writing, insurance proceeds shall be applied to restoration or repair oc, the I'topatty <br />damaged. prcovided such r<'S'orauon or r"PalI' IS economically feasible and the security of this Deed. of Trust is not ifiaeby~' it...... <br />reotoration Or repair IS nor economically f....ible or if the securi~y of this Deed of Trust would be impaired. the insuraJICC ~,aIWlbe <br />applied to ,he sums secured by this DeciI of Trust. with the excess. ir any, paid to Borrower. If the Property is aballdoned by Borrower. or if. <br />Borrower fails to respond to Lender within 30 days rrom tbe date notice is mailed by Lender to Borrower that the insurance carrier: offen to <br />settle a claim for insuraoce benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either \0 restorationOf' <br />repair of the Property or to the SllID5c secured by this I>ted of Trust , <br />Unless Lender and Borrower other..,,,, agree in writing, any such a!,plication of pr<lC<:cds to principal shlill not el.tend or poItpOlICthedue <br />date of the monthly IOstallmems referred to tn parll&Taphs I and 2 hereof or chanae the amount of such ill5tallmenls. If under ~18 <br />her-eof the Prol*ny is ac;Quired by L~nd~i'. aU r1iht. title a..id intt:r~t .:.f Bvrrvwc i;~ md to any insurance policies and in and to the J)!'OOClCdI <br />thereof resulting frorn damlllle to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums sccured by thiJ.Deed <br />of Trust immediate-Iv prior to such ~ale or acquiSition. <br />6, l'reMnatioJl ud MalllklWl<< of Property: LnH.IIokII: COIIdOlllilllIIl8S: Pi_lied Uml DenlrJf]7' ,II Borrower sball 'keep. the <br />Property m good repair and shall not commit w""te or permit impairment or detelioration of the Property and shall comply with the ~ <br />of any lease if this Deed of Trust" on a leasehold, If this Deed of Trust is on a unit in a condominium or a p1111lned unit devtIopment. BorI'o_ <br />s..tW! perfo~m !.U Df BorH'l\W~' ~ otrHs,@tloos Hoo~r I~ d~~'-f~tion or covenants crealin! or governing the condominium or pJaDDOd unit <br />development, the by-Ia.... and regwatioll> of the condominium or planned unit development. and constituent documents, If a colldominium or <br />planned unit development rider is executed by Borrower and recorded together with this Deed of Trust. the COYeSWlIs and aar-ea18 of such <br />rider shall be i!l<.'O'1"'tatcd into and shalllllll"nd and supplement the covenants and Illlreements of this Deed of Trust as if the rider wen: II part <br />hereof. <br />7, ProtediOll of t~'. Seauity. I I' Borrower rails to perform the covenant. and agreements contained in this Deed of Trust, or if any <br />&'''1.1on or pn::~eedin8 IS commenced 'W'hkh materially affects Lender's interest in the Property. includ.inJ, but not limited to. eminent domain. <br />~nsolveocy. code enforcemen!. l1r arrangements or proceedings in"'olvins. a bankrupt or decedent, then Lender at Lender~s option. upon DOtice <br />to BorroWff. may makt su;.:h appearan\:e5. disounc :iucn sum~ and tai.:e such action d.S is nC\.'OSaIY tv protect Lender)s interest. including. but <br />not limited to, disbwsement of reasonable allorney's fees and entry upon the Property to make repairs, If Lender fUluill:d mortaaae insurance <br />as a condition or makmg Ihe loan secured by this Deed of Trust, Borrower sball pay the premiums required to maintain such il1llurance in effect <br />untit '-tK'h rime a,,'i- the rt"t.4UHcment fo!' s.uch mSUIanc~ terminates in al.\:ordance with Borrower's and lendB's written aaroement or applicable <br />law. Bon-ower s.hall pay th( amOtlot of aU m(.lrtgage insurahU: premiums in the manner provided. unda paragraph 2 hel'e'flf. <br />Any amounts disbursed by Lender pu"uam 10 this paragraph ~. with interest thereon, shall become additional indebtedness of Borrower <br />~UfeU by lhi~ ~ of Trust. llnles-5i Burrower auu Lc:ouuer -ar" 10 vlhet term:s of pia)'l'ncnt. !iuch an"ounts shaH bt- payable upon notice from <br />Lender hJ 8(Hrl)w~f rc-quc-sung payment th-cuof. and shall bear h:u.:r~l horn the dale of disbulsc:ment at the rate payable from lime to time on <br />ootstandmg pni~jpallmdC'-i' ~h-c Note- i<ii:lcS5 paymcn\ of mtt:rest at :iuch rate VtvtzJd bet contmry to applicable lawl in which event 5.uc..'l amounts <br />>hall bear mte.eM atth< IUjh"'t rate pe.mi.\\ible under applicable la.., NOlhong contain<d in thi. paragraph? .hall require Lender to incur any <br />expcn$t 01 take' any actli.""tf} hn'wn-de-r.. <br />.. 1_11oa. Len<lel may make '" <ause to bc mad. T<&$onable entnes up"n and inspectIons 01 the Property, pro\'ided that Lender shall <br />jU",'t lio-trnwer nolle-.: PU{'i-'t H.1 a.ny !!uch l!'.'tpech~n l'!.pC'-clfrifii f~onabk (;aU)t" there.for rtlatcd: to Lendt'c', interest in the! Pro~rty> <br />ft.. t.'OfNkatutiOll. HIt' fln~~d~ or !in)' .1.~~uJ \,)( claim fOf da.rnas(":!., difC\'t ur \"onscquC'nlial, In ~:(Jnn~tion with an)' condemnal1on or <br />\l1nef ta.kWi <:.d 111'C Propeff\', or pan Ih(f('of. or for ;':'Hltv<"aflce In !it'll (~r ,,'m1demuatlnn, iHt hen:by n'\iiued and shall be paid to Lcndec <br />1n th.o( ("I,"tni ,tf It ;f~ai t.i\iing: nf The P"ropt,tftv. :hc pfuc<<th shall t)e apphed a~ !h~ 'lHn" ~eclJred by thh t>eed of Trust. wtth the C'\i.-el)ilI. if a.n)'. <br />paud w IkliH.~"''<t'. fn !ht:: C'''f'fH t)! '" partial l.d:iUj 'Jl H~( Pr(if'CIt), nnlt>\\ !-k")r:ower ~nd 1 ot'"nd('1 u!herwt~ Ilgrl,'t' m vdltmg. Ihert'" shalt be appiletl <br />tu H~ ,,-urni '.o(~urni hy ;:hl:!l L~ \t1 'f nl,q ~th!1 ;:~,(IJ:}OHl'.~n (if ihc f'r,-,~'~-.1, a~ n e-.Juai [{) !ha{ !'f<\p-tlrihm ....-hKh ~h(' <HlhTunt ,~t the "was ~-un~d <br />