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<br />84- 005535 <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, Lend.... shall <br />give to Borrower, without charge, an annual accounting of the Funds showing credits ..nd debits to the Funds and ~he purpose for which each <br />debit to Ihe 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 fUlure 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 satd 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 tJ Borrower on monthly <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 full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Fundsheld:byLellder, If <br />under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, LeIlder 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 paragrapbs 1 <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 bereof, 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; Uen.s. 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 Trust, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 ~f <br />or, if not paid in such manner. by Borrower making pa}nlent. when due, directly to the payee tbereof, Borrower shall promptly furnish te> <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 whicb 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 shall in good faitb 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 part thereof, <br />5, Huanlln.surance, Borrower sball keep the improvements now existing or hereafter erected on the Property insured against loss by fire, <br />hazards included within the term "extended coverage", and such other hazards. .' Lender may require and in such amounts and for such periods <br />as Lender may require; provided, that Lender shall not require ~ha' the """,'<~J c ,ch coverage ~7'.ced that amount of coverage required to pay <br />the sums secured by this Deed of Trust, <br />The insurance carrier providing tbe insurance shali be cbosen 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 tbe manner provided under paragrapb :. bereof or, if not <br />paid in such manner, by Borrower making payment. when due, directly to the insurance carrier. <br />All insurance policies and renewals thereof sball be in form acceptable to Lender and shall include a standard mortgage clause in fave>r of <br />and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower slWI promptly furnish te> <br />Lender all renewal notices and all r.....,ipts of paid premiums. In the event of loss, Borrower sball give prompt notice to the insurance carrier and <br />Lender, Lender may make proof of ioss if not made promptly by Borrower, <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br />damaged, provided such restoration or repair is economically feasible and tbe 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 sbaIl be <br />applied to the sums secured by this 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 within 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, Lender is autborized to collect and apply the insurance proceeds at Lender's option either 10 restoratiC>n ()t' <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 not extend e>r postpOne the due <br />date of the monthly installments referred to in paragraphs I and 2 hereof or cbange the amount of such installments, If under paraaxapb 18 <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 shall p.... to Lender to the exten~ of the sums secured by this Deed <br />of Trust immediately prior to such sale or acquisition, <br />6, PftMnoaUon and MllinteDanct of Property; ~; Condombd_: PIaDned Unit Dev......II. Borrower sbaIl keep the <br />Property in good repair and sbaIl not commit waste or permit impairmenl or deterioration of the Property and shall comply with the ptovi5ions <br />oi any lease if this Deed. 01 Trust is on a leasehold. if this Deed of Trust is on a unit in a condominium or a pianned unit deveiopmeot. Borrower <br />shall perform all of Borrower's obligations under the declaration or covenants creating or govemilll the rondominium or planned unit <br />development, the by-laws and regulations of the condominium or planned unit development. and constituent documents, If a rondominium or <br />planned unit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such <br />rider shall be incorporated into and shall amend and supplement the covenants and .lgreCments of this Deed of Trust as if the rider were a part <br />hereof. <br />7. Prottc:tioa of Lellller's s..:urity. If Borrower rails to perform the covenants and agreements contained in this Deed of Trust, or if any <br />action or proceeding is commenced which materially affect.' Lender's interest in the Property, includilll, but not limited to, eminent domain, <br />insolvency, code enforcement, or arrangements or proceedings involving 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 of reasonable attorney's fees and entry upon the Property to make repairs, If Lender required mortga&e insurance <br />as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the ptemiums required to maintain such insurance in. effect <br />Wltil such time as the requirement ror such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law, Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof, <br />Any amoWlts disbursed by Lender pursuant ~o this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower <br />secured by this Deed of Trust, Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from <br />Lender to Borrower requesting payment tbereof, and shall bear interest from the date of disbursement at the rate payable from time to time on <br />outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />shall bear interest at the highest rate permissible under applicable law, Nothilll contained in this paragraph 7 shall require Lender to incur any <br />expense or take any action bereunder, <br />I, 11UpIlCtiDiI. Lender may make Ot cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall <br />give Borrower notice prior to any such inspection specifying reasonable cause thereror related to Lender's interest in the Property, <br />9. C........tk>n, The proceeds of any award or claim ror damages. direct or consequential, in connection with any condemnation or <br />other takina of the Property, or part thereof, or ror conveyance in lieu of condemnation. ate hereby assianed and ,hall be paid to Lender, <br />In the eV<llt of a totaltakina of the Property, the proceeds !\hall be applied to the sums secured by this Deed of Trust, with the excess, if any, <br />paid to Borrower, In the evc-nt of .. partiahak.ina of the Propetty. unless 8orrow~r and Lender otherwise agree in writing, [here shall be applied <br />to the '\unu ieCureO by thn: I'.)eed of Tru..\t such proponion of the pmcee<b as is equal to thal proportion which the amount of the s.ums secured <br /> <br />