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<br />r <br /> <br />eM _ 005222 <br />applicaMr..w requiressl1Ch 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 ~nd 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 Trusl. <br />if the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due detes of taxes, <br />assessments. insurance premiums and ground rents, shall exceed the amount required to pay saW 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 or the Funds held by Lender shall not be sufficient to pay taxes, assessments. msurance premiums 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 the date notice <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 19 hereof the Property is sold or the Property is otherwise acquired hy 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, Application of PIlylDeDts, Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs I <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under pIl1'lIIraph 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, eh.....; l..lens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which <br />may allain 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 paragrapb. and in the event Borrower shall make payment directly. Borrower shaII promptly . <br />rurnish to Lender receipts evidencing such payments. Borrower shall promptly disclu1rge any lien which has priority over this Deed of Trust; <br />provided, that Borrower shall nOl 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 shall in gond fai~h contest such lien by. or defend enforccment of such Uen <br />in, legal proceedings which operate to prevent the enforcement of the lien or rorfeiture of the Property or any part thereof, <br />5, Hazard 1.....1Ke. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by rue, <br />hazards included within the term "extended coyerage", and such other hazards as Lender may require and in such amoUDIS and for such periods <br />as Lender may require; provided. that Lender shall not require [t.at the amou" , .'f such coverage exceed that amount of coverage required to pay <br />[he sums secured by [his Deed of Trust. <br />The insurana: carrier providing the ;n;urance shall be chosen by: ,. ower subject to Olpproval by Leader; provided. that such appI'IMl! <br />shall nOl be unreasonably withheld, AIl premiums on insurance policies shall be paid in the manner provided under Jl8lIIlItllIlll2 hereof or. if not <br />paid in sueb manner. by Borrower making payment. wben due. direc[ly to the insurance carrier, <br />All insurance policies and renewals rhereof shall be in form acceptable to Lender and shall include a standard mortgage clause,in favor of <br />and in form acceptable [0 Lender. Lender shall have [he right to hold the policies and renewals thereof, and BorrowershaII promptly ftarm.bto <br />Lender all renewal notices and all receipts of paid premiums, In the event of loss, !lorrower shall give prompt notice 10 the InslltllllCC carria" and <br />Lender. Lender may make proof of loss if not made promptly by Borrower, <br />Unless l-"'"Ilder and Borrower otherwi.s.e 88f~ in writlfi&. itES:urancc proceed! shall be applied to r=:tor-..tion or repair uf- tbe. ~ <br />~. j'ilVyided su...-h restvi3.tioii Oi repair is econoolk--ally feasible and the security oi this Deed oi Trust is not thereby impaireci. If SUCh <br />restoration or repair is not economically feasible or jr the security of this Deed of Trust would be impaired, the insurance proceeda JbaII be <br />applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abaDdOllClll by Borrower. or if <br />Borrower fails to respond to Lender within 30 deys from the date notice is mailed by Lender to Borrower tbatlhe intlIrancc carri<< offeB to <br />~dc j. ('lairD fUr' ~UI1lDce bc:nciits, Lender is autiJorized to collect and apply the insurance proceeds at Lender's option either to restoration or <br />repair of the Property or to the sums s","-uted by [his Deed of Tru.sl, <br />UnlCIS Lender and Borrower otherwi;c age< in writing, any such apl'lication of proceeds 10 principal shall not extend or poeIpOIle them. <br />dele of the mon[hly installments referred to in paragaphs 1 and 2 hereof or change the amount of such insWlmenlS, If under panIIAJlb 18 <br />Iigeuf the Property is acquir<<i by Lender, all riaht. titie and interest of Borrower in and to any insurance policies and in and to the proeocda <br />thereof resulting from damage to [he Property prior to the sale or acquisition ,hall pa.ss to Lender to the extent of the sums securtd by this DeIcI <br />of Trust immediately prior [0 such sale or acquisition, <br />6. ~lIoIl"" MU_-.- of Pruperty: ~; CoIlCloadtll_; ........ Ulllt On"., '" Borrower sltIll keep the <br />Property in ~ond repair and shall not commit waste or pompjl iml!!!i~[ or dtterioration of the Property and shall COtl1Il11' willi tile j)l~ <br />of any lease if this Deed of Trust is on a leasehold, If lhis Deed of Trust is on a unit in a COndominilllD or a planned unit cIeveIotlmaIt. JIorrowa' <br />shall perform all of Borrower's obligations under the det:Iatation or coyenanlS crealina or governing the condominilllD or plIIIDed unit <br />development, the by-laws and reaulations of the condominiwn or pIanned unit devdopmcot. and cotIItitualt doc:umcolS. If a c:ondomiaitD or <br />planned unit ~'dopment rider is ae.:uted by Borrower and recorded logether with this Deed of Trust, the co_ta and '-1$ of such <br />rider shall be incorporated into and shalllllJlend and supplanent the covenants and agreements of this Deed of Trust as if the rider were a pan <br />hereof. <br />7, ProIedIoII of LeHcr'. Secarlty. I f Borrower fails to perform the covenants and agreemenlS contained in this Deed of Trust. or If uy <br />amon or proceeding is commenced whicb malerially affects Leader's interest in the Property, includina. but not limited to. eminent domain. <br />insolv~f. cV\k gifUi~l. Of &rr~~nts or pr~ngs invQlving a b-an.krupt or d~'"'nt, then Leader at Lcnder-'s option, upon notice <br />10 Borrower, may make such appearances, disburse such sums and take such amon as is oec:eosary [0 protect Lender's interest. includin&, bu~ <br />not limited 10. ~ment of reasonable attorney's fees and entry upon the Property 10 make repairs, If Lender RC!uired mort&&llC insurance <br />as a condition of making the ioan secured by this Deed of Trust, Borrower shall pay tlte premiums required to maintain such insurance in effect <br />until such time as the requirement for such insurance terminales in accordance with Borrower's and Lender', wriuen agreement or applicable <br />law, Borrower shall pay Ihe amount of all monaage insutl1lltt premiums in [he manner provided under parqraph 2 hereof, <br />Any amounts disbursed by Lender pursuant to lhis paragraph 7. with interesl thereon, shall become additional indebtedness of Borrower <br />""""red by !his Deed of Trust, Unless Borrower and Lender qree 10 Olher terms of payment, such amounlS shall be payable upon notl.:e from <br />Lender to Borrowtf reque!.Una payment thereof. and shall beau' inter~ from 1M date of msbur!leme!it at the ratt payable- from tll,iif: to tUne un <br />outstandina principal under tlte Note unless payment of interest at such ra~e would be contrary to applicable law, in which event such amounts <br />!hall bear interest at tlte hilliest rate pentlissiblellnder applicable law, Nothina contained in this paraaraph 7 shall require lender to in.:ur any <br />expense or take any actlOl1 herC\lDder, <br />a. i......... Lender may make or cause to be made reasonable entries upon and inspections of lhe Property, provided that Lender shall <br />Jive !lotto...... notk;e prior to any such inspection spedf)'in& reasonable cause therefor related ~o Lender', in~eres[ in tlte Property, <br />.. C............. The proceeds of any I.WUO or claim for damaa.... di'e<:[ or "onsequentiil!, in connection with any condemnation or <br />.od>or lakin. of the Property, or porltooeof, Of ror convey.",."e in lieu of condemnation, are hereby a..ign<<i and shall be paid 10 Lender. <br />h. Ill< ..enl"f alot.l ,"ill' uftn., I'roperty, [he proceeds shall be applied to [be sunu securtld by Ihis Deed of Trust, with the ........, if any, <br />paid~" BorroWCI, I.. tbe event of. partiallu,,,, of the Property, ..Illeti Borrower and Lender Olherwi.. &it<< in ..ritill/!, there ,1laI1 be appl'tld <br />to lhe >1m" ""'\Ired by this Deed of Trust 'tll:h ptoportkm of lhe pr".."eed. ...... <qUail" that prolX'rlion ..hieh [he amount of lhe ,ums ,ecured <br /> <br />L <br />