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<br />r <br /> <br />84 - 005556 <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 ch'arge, an annual accounting of the Funds showing credits i::f.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 Trust. <br />If the amount of the Funds held by Lender, together with the future monthiy 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 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 Ihe amount of the Funds beld by Lender shall not be sufficient to pay taxes. assessment<, insurance premiums and <br />ground rents as Ihey 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 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 againsllhe 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 I <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hercef, th,," 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; Ueus. 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 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 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 which 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 sball in good faith contest such lien by, or defend enforcement of such lien <br />in, legal proceedings whicb operate to prevent tbe enforcement of the lien or forfeiture of tbe Property or any part thereof, <br />5, Hazard Insurance. Borrower sball keep tbe improvements now existing or bereafter erected on the Property insured against loss by flJ'e, <br />bazards include;! witbin the term "extended coverage". and such otber bazards as Lender may require and in such amounts and for such periods <br />as Lender may requite; proyided~ that Lender shall not require that the arllount of stich coverage e-ACeed that amount of cOverage required to paj <br />tbe sums secured by tbis Deed of Trust. <br />The insurance carrier providing the inSllTanCe shall be chosen t' ',' ,ower subject t~') -;.pproval by Lender; provided, that such approval <br />shall not be unreasonably withbeld, i\li premiums c' m,urance pol: ,,,all be paid in the manner provided under paragraph 2 bereof or, if not <br />paid in such manner, by Borrower making payment. when due, directly to the insurance carrier. <br />All insurance politi., and renewals thereof sball 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 thereot and Borrower shall promptly furnish to <br />Lender all renewal notices and all receipts of paid premiums, In tbe event of loss, Borrower sball give prompt notice to the illSurance carrier and <br />Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otberwise agree in writing. insurance proceeds sball be applied to restoration or repair of the Property <br />damaged, provided sucb restoration or repair is economically reasible 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, tbe insurance proceeds shall be <br />applied to tbe sums secured by this Deed of Trust. with the excess. if any, paid to Borrower, If tbe 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 Ibat the insurance carrier offers 10 <br />settle a claim for insurance benefits. Lender is autborized to collect and apply tbe insurance proceeds at Lender's option either to restoration or <br />repair of tbe Property or to tbe sums secur-.d by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any sucb application of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in paragraphs i and 2 hereof or cbange tbe amount of such installments. If under paragrapb 18 <br />bereof the Propeny is acqulred by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds <br />tbereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of tbe sums secured by this Deed <br />of TrusI immediately prior to such sale or acquisition, <br />G. Pre....."atloll aod Malul<OlUIce of Property; Leiisebolds; COlldomli1lums; Planoed Ui1It Developments. Borrower shall keep tbe <br />Property in good repair and sball not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions <br />of any lease if this Deed of Trust is on a leasehold, If tbis Deed of Trust is on a unit in a condominlum or a planned unit development, Borrower <br />sball perform all of Borrowe,'s obligations under the declaration or covenants creating or governing the condominium or planned unil <br /> <br />development. the bY41a:w-s d..ild regulations of the conduminium or plaoned unit developmem, and constituent dC.::lifi:ot'nts~ !r fl c-c.nd(imi!1ii!ffi (>f <br /> <br />l <br /> <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 sball be incorporated into and shall amend and supplement the covenants and agreements of tbis Deed of Trust as if tbe rider were a part <br />bereof. <br />7, Protection of Lender', Security, If Borrower rails to perrorm tbe covenants 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, including, but not limited to, eminent domain, <br />insolvency, ~ode enforcement, or arrangements or proceedings involving a bankrupt or decedent. then Lender at Lender's option, upon notice <br />{O Borrower. may mak.e such appearances. disburse such swns and take such action as is fia.."essary 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 mortgage insurance <br />as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to 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 shall pay the amount of all mortgage insurance premiwns in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to tbis paragrapb 7, with interest tbereon, sball become additional indebtedness of Borrower <br />secured by tbis Deed of Trust. Unless Borrower and Lender agree to otber terms of payment, such amounts sball De payable llpon notice from <br />Lendrr (0 Borrower requesting payment thereof. and shall bear interest from the date of disbursement at the rate payable from time lO time on <br />outstanding principal under the Note unless payment of interest at such rate would be comrary [0 applicable law. in which event such amounts <br />mall bear interest at the hijhest rate permissible under app~icabJe law, Nothing ;;ontained in this paragraph 7 shall require Lender 10 in~ur any <br />expense or take any action bereunder, <br />8. lupecfW,u.. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall <br />give: Borrower notite prior to any such inspection specifying reasonable l,.'ause therefor related to Lender's mterest in lhe Property. <br />9. CoDdelQuuoa. The proceeds of any award or claim for damages, dire!.:t or <..'onsc4uemial, in \.'onncction with any .:ondclllnation l,.'f <br />other tak.ing of the Property. or part thereof, or for \.:on\'cyance in Heu of condemnation, ~n: hereby assigned aral shall he p.l.id w Lender. <br />In the C\'1:llt of a totaltak.il1&- of the Property, the prt)(;ced'i shall be applied w the sum~ :-.C\.:urcd by lhi!. l)e<-J of Tl'u;)t. with the exxcs..... if an)', <br />paid 10 8orrower. In the event of a partial taking of the Property. uuJe~ ll-orrowC'! .and Lender ...llhecwisc ;,igrcc III ~\ I iring, rhcrl' !:>hall be applil'd <br />to the sums ~C(,~urc.d by thi~ Deed of Trust such proportion of rhe pro(.:ceJs ~\_, 1"- t'({ual ILl thiH prop..n[ion Whl...::h thf -iHlHHHlI '_:1 tilt' ,Ull1:.. ....t.'"IwtHt'J <br />