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<br />I <br /> <br />84 - 005651. <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 ror the sums secured by this Deed of Trust. _- <br />I f the amount of the Funds held by Lender. together with the future 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 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 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 10 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 hereor 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 or 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 or amounts payable to Lender by Borrower under paragraph 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, Charges; liens, Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable 10 the Property which <br />may attain a priority over this Deed of Trust, and leasehold payments or ground renrs, 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 or 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 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 part thereof, <br />S. Hazard Insurance, Borrower shall keep the improvements now existing or hereafler erected on the Properly insured against loss by fire, <br /> <br />hazards inch..:.dro wit..~in the term "~xtended coverage". and sllch other haz,~ .I~ qs Lender may require and in such an:munts and for such period! <br /> <br />as Lender may require; provided. that Lender shall not reQu~re {hat thf' Q '~('. - ,'~ Jf such co\'erar, '; ':xceed ~hat amount of coverage required to pay <br />the sums secured by this Deed of Trust. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, thai 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, 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 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 thereor, 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 />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 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 shall be <br />applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower, Ir 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 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 not extend or postpone the due <br />date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments, If under paragraph 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 rrom damage !O the Property prior to the sale or acquisition shall pass to lender to the extent of the sums s""ured by this Deed <br />of Trust immediately prior lO such sale or acquisition. <br />6, Praenation and MalDI~naDce of Property; Leasebolds; CondomlnlnllJ5; Planned Unit De.e1opmeals. Borrower shall keep the <br />Property in good repair and shall 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 this Deed 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 governing the condominium or planned unil <br />development, 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 ana 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 agreements of this Deed of Trust as if the rider were a part <br />hereof. <br />7. Prol..,tion of Lend~r's Security, If Borrower fails to perform the covenants and agreements conlained 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, code enforcement, or arrangements or proceedings involving a bankrupt or de\:edent. then Lender at Lender's option, upon notice <br />[0 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 rees 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 aU mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shaH become additional indebtedness of Borrower <br />secured by this Deed of Trust. Unless Borrower and Lender agree to olher terms of payment, such amounts shall be payable upon notice from <br />Lender to Borrower requesting payment thereof, and shall bear interest from the date of djsbursement at the rate payable from time to time on <br />outManding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amoums <br />shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any <br />expense or take any action hereunder. <br />8. lupeeuoD. Lender may make or cause to be made reasonable emries upon and inspections of the Property I provided that Lender shall <br />give Borrower notice prior lO any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. <br />9. Coodemaation. The proceeds of any award or claim for damages, djre\.~t or l.'onsequential, in connl'l.:tion with any condemnation or <br />other taking of the Propeny, or pan thereof, or for convcyan\.:c in lieu of condemnation, are here-by as.signed and shaH be- pajd to Lender. <br />In the event of it, lota..! rakmg of the Property, the procl"eds 3hall be applied to the !.um:!o. :'lecured by this Deed of 'fru:'>t. with the t'.l(!.:t~S,~. if any. <br />l"lUld to fk)fCOW~f, tn the event of a pa.njallakmg nt the Property. unless Borrower and I. coder othe-rwj~ d~rtt in W! Iting, there s.hall t'te appitt.'d <br />i.O the :<,:um., "l"~\Ht'd by [hl~ r:k."eo of Trust -\uch propl.)rtiofl of !he pH~tCtJ~ ,b \'i, equal to thaI p1l.porrion whh:h fhe ~unounl (if fhe "LJm~ ~e\..m(,,-d <br />