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<br />84 - 005381 <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 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 arnOlli'"lt of the Funds heId by Lender. together wi~h the future monthly installments of Y.J..i.~ds payable prior to the due dates oi 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 vii u.onttJy <br />installments of Funds, If the amount of the Funds held by Lender shall not be suffiCient to pay taxes, assessments, insurance 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 rull 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 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 Payments, Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paraaraph 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, Cb8lles; {jellS. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Propenywhich <br />may attain a priority over this Deed of Trust. and leasehold payments or ground rents, ir any, in the manner provided under paragraph 2bereof <br />or, jf not paid in such manner. by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnislito <br />Lender all notices of amounts due under this paragraph, and in the event Borrower shall malte payment directly. BorrowershaU promptly' <br />rurnish to Lender receipts evidencing such payments, Borrower shall promptly discharge any lien whicb h... 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 pa~ofthe <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 of the Property or any partlhereof, <br />5, Hazard Insura...... Borrower shall keep the improvements now exisliv: "Ir hereaf~er erected on the Property insured against loss by fire, <br />hazards included within the term "extended coverage", and sucl1 ",her ng-",dc,. Lender may r,.;::.Jire and ir. such amoantsand for such periods <br />as Lender may require~ pro\-1ded, Lh....at Le!'!de~ shaH nN requ!re that th~ :" ~i1t of such co....erage exceed that a..iiOunt of co~ requi.'"'Cd: to pay <br />the sums secured by thi. Deed of Trust. <br />The insurance canier 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. ifnot <br />paid in such manner, by Borrower malting payment, when due, directly to the insurance carrier. <br />All insurance policies and renewals thereof shall 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 all renewal notices and all receipts of paid premiums. In the event of loss. Borrower shall give prompt notice to the insurance carrier and. <br />Lender, Lender may make proof of loss if not made promptly by Borrower, <br />Unl<ss Lendei and Bonow,", otherwise agree in writing, insurance proceeds shaJl 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 shaJl be <br />applied to the sums secured by this Deed \If 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 th~ oatr noti~ !s mai!ed by Lender to Borrower tbat th~ insiia-ance ~-net' offen to <br />settle a claim for insurance benefits. Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or <br />repair of the Property 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 DOt extend or postpone the due <br />date of thr monthly installments referred to in paragraphs ! lUld 2 hereof or change the amount of such installmenli. If under parqnIpIt 19 <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 the sale or acquisition shaJl pass to Lender to the extent of the sums secured by this Deed <br />of Trust immediately prior to such sale or acquisition. <br />6. PreMn.doa.1Id Malal....... of Propa1y; LeueIIoIds; CooooDliDluma; PIauocI VlIlt On............. Borrower shall keep the <br />Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shaJl comply with the provisions <br />of !U1Y !ea.-.se if this Deed of Trust is Oil c leasehold. if Uris ~ of Trust is on a unit in a condominium or a planned unit development. Borrower <br />shall perform all of Borrower's obligations under the declaration or covenants creating or govemin& the condominium or platmed unit <br />d~lopment. the by-laws and regulations of the condominium or planned unit development. and constituent documents, If a condominium or <br />planned unit development rider is executed by Borrower and recorded together ",ith this Deed of Trust, the covenants and qreemet1ts of such <br />rider shall be incorpora~ed into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a pan <br />hereof, <br />7. Protection of Lenlkr's S<<urlly, If Borrower fails to perform the covenanlS 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, includina, but not limited to, emi.....' """"'in_ <br />i,...,i>'CJlCY, L'Ode entorcement, or arrangements or proceedings involviog a bankrupt 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 or reasonable attorney's fees aud entry upon the Property to malte repairs, If Lender required mortgage insurance <br />as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required 10 maintain such insurance in effect <br />until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law, Borrower shaJl pay the amount or all mortgage insurance premiums in the manner provided under paraaraph 2 hereof. <br />z~'i iiIi#~~l~ d!~bU!~ed by Lender pursua..'1t to this parilgl"apn 7. with interest thereon, shall become additional indebtedness of Borrower <br />"Cured by this Deed of Trust. Unless Borrower and Lendrr agree to other terms of payment, such amounts shaJl be payable upon notice rrom <br />Lender to Borrow", requesting payment thereof. and shall bear interest from lhe date of disbursement at the rate payable from time to time on <br />outsllUtdina priltl:ipal under the Note unless payment of interest at such rate would he L'Ol1tnlry to applicable law. in which event such amounts <br />sh&ll bear interest at the highest rate permissible under applicable law, Nothing contained in this paragraph 7 .h&ll require Lender to incur any <br />expense or take any tlction hueunder-, <br />8, I~. Lender may make or caUMO to be made rusonable enlr;e. upon and inspe.:tions of the Property. provided that Lender shall <br />gt\'c Borrower notK.'C prior to any $uch irupection specifyilll rc-.a.sona.blC' cause therefor related to Lmdc:r's interest in lhe Property. <br />9. (~~..UOIII. rhC' pn:x:eeds. of an}' award or claim for damages. direct or ~l)nsequelUi.l. in connC".:tion with any i:ond-emnauon 01 <br />vlh~r tAkmS of the Propcrt}', or pan thefeuf, Of for coovC'yance in hcu of condemnation. arc hereby LIS..\ljnOO and shalt be paId to l.('nder, <br />In Uu: eVt'llt (Jf 4. tata] lak.illl of the ?tope-ny. the proceeds $hail be applied to the: sums ~-urN by this Deed of Trus.t, \%1th the (','\1..'C55, if an~', <br />rxud In fk)~fi)WeL In (he t"\.ent ot k partial iakm.g of the Property. ~mlc-s.\ BorrowC'1 and. LendC'r oth~[Vo'i.se il$.rec in wduns, there 5haH be applied <br />to ft~ '~~",m~ ~UJcd by lh~s f)ecd 01 Tl'ust w~h proportion of ~h(' p-rtx~('ed.. <l\ 1\ t"quallO that prupoltu.m wnli.:h the amoutll di' the '.urn~ ~C\.:UI('J <br />