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<br />I <br /> <br />I <br />L <br /> <br />84 - 006046 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />.1. Payment of PrindJllll and Interest, Borrower shall promptly pay when due the principal of and interest on the <br />mdebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the prindpal of and interest <br />on any Future Advances secured by this Oced of Trust. <br />2. Funds for T_ ad 11IS1Il'lIMe. Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly installments of principal and interest are payable under the Note, until tile Note is paid in full. <br />a sum (berein "Funds") equal to one-[welrth of the yearly taxes and assessments which may attain priority over this <br />D;;ed of Trust, and ground renis on ine Property, if any. pius one-twelfth of yearly premium installments for hazard insurance. <br />plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from <br />time to time by Lender 011 the basis of assessments and bills and reasonable estimates thereof. <br />The Funds shall be 'held in an inslitution the deposils or accounts of which are insured or guaranteed by aFedernlor <br />slate agency (including Lender if Lender is such an institution), Lender shall apply the Funds to pay said taxes. assessments, <br />insurance premiums 'and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said aCCOUnt <br />VI verifying anu cumpmfi-g 5uid as:...'""SSme!!t~ and hilts. unless Lender pays Borrower interest on the Fundi- and app)icab~e law <br />permits Lender to make such a charge. Borrower and Lender may agree in wnting at the -time -of execution uf _ tn;s <br />Deed of T,,;,st that inle~st o~ .Ih: F~nds, s~~1I be, paId to B~mower.... and unless s~ch agreement !s made_.or ~ppl,ica~lel~w <br />r-eqw.~ ~mGn !m_er~ !u- ~ pay.!. Lefiae-.r ~mm ~Ci' u;;: reqtll:oe-v. lV pay uGIT;;;iWei any mrelQi Of eamm~ Uii ifii;.'i"Uij(Q.. -Ler-"ucr <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits and deb.rs to the Funds and lhe <br />P"~ for which each debit to the Funds was made. The Funds are pledged as additional secuPty fOr the sums'JIeCUt'ed <br />by this Deed nf Trust, <br />If the amount of the Funds held by L~nder. together with the future monthly instaUmen!s of Funds -payable prior 'to <br />the oue dates of taxes. assessments. insurance premiums and ground rents, shaH :xceed the amount-. required to pay-said..-taXes~ <br />assessments, insurance premiums and ground rents as they fall due, such excess shall be. at Borrower's option,.eithet <br />promptly repaid to Borrower or credited to Borrower on monthly inslallments of Funds. If the. amount of the Funds <br />held by Lender shall not be sufficient to pay taxes, aSsessments. insurance premiums and ground rents as . they fall.due;- <br />Borrower shall pay to Lender any amount necessary to make up the deficiency within .30 days from the date. notice is mailed <br />by Lender to Borrower requesting payment thereof, <br />Upon payment in full of all sums secured by Ihis Deed of ;._ender shall 0'.1mplly refund to Borrower any Funds <br />held by Lender. If under paragraph 18 her"of the l'ro;>ert\' or the Propeny .. otherwIse acquired by Lender, Lender <br />shall apply, no later than immedIately prior to :_he sair ", ,;e Property or liS acquisition by Lender. any Funds held by <br />Lender at the time of application as a credH against the sums seeured by this Deed of Trust. <br />3. Applkallon of Payments. Unless applicable law provides otherwise, all paymenls received by Ler:lIer under the' <br />NOle and paragrapbs I and 2 hereof sball be applied by Lender first in payment of amounts payable to Lender by BorrOWer <br />tinder paragraph 2 hereof, Ihen to interest payable on the Note then to the principal of the NOle, and then to interest and <br />prindpai un any Future Advances. <br />4, Charges: Liens. Borrower shall pay all taxes, assessmenls and Olher charges. fines and impositions auributable to <br />the Property which may attain a priority over this Deed or Trust, and leasehold paymentS or ground rents, if any, in the <br />manner provided under paragraph 2 hereef or, if not paid in such manner. by Borrower making payment, when due. directly <br />to the payee thereof- Borrower shall promptly furnish [0 lender all notices of amounts due under this paragraph, and in the <br />event Borrower sball make payment direclly, Borrower shall promptly furnish to Lender receipts evidencing such payments. <br />Borrower shall prnmplly discharge any lien which has priority over this Deed of Trust; provided. that Borrower shall not be <br />required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by <br />such lien 10 a manner acceptable to Lender, or shall in good failh COnIes! such lien by, or defend enforcement of such lien in. <br />legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Hazard Insunmt'e, Borrower shall keep the improvcmems now existing or hereafter erected on the Property .m$ured <br />against ioss by fire, hazards included within Ihe term "extended coverage". and sucb other hazards as Lender may require <br />and in such amounts and for such perinds "'-, Lender may require; provided, that Lender sball not require that the amount of <br />~lIch coverage ex.ceed that amount of coverage required to pay the sum$ secured by this Deed of Trust <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided. <br />that such approval shall not be unreasonably wilhheld, All premiums on insurance policies shall be paid in the manner <br />provided under paragraph 2 bereof or, if not paid in such manner, by Borrower making payment. when due. directIyto the <br />insi.liaih..--e carrier. <br />All insurance policies and renewals thereot sball be in form acceptable 10 Lender and shall include a standard mortgage <br />clause in favor of and in form acceplable to Lender_ Lender shall have the right to bold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums, In the event of loss, <br />Borrower shall give prompt notice to the insurance camer and Lender. Lender may make proof of loss if not made promptly <br />bv Borrower_ <br />. Unless Lender and Borrower otherW1SC agree in writing, Insurance proceeds shall be: applied to restoration or repair of <br />the Property damaged, provided such restoralion or repall is econOlntcally feasible and the security of this Deed of Trusl is <br />not thereby impaired. If such resloratlon or repair is not economically fellS.ble or if Ihe security of this Deed of Trust would <br />be Jmpaired, the insurance proceeds shall be applied to Ihe sums secured hy this Deed of Trust, with the excess. if any, paid <br />lO Borrower. If the Property is ..bandoned by Borrower. or if Borrower fail, 10 respond to Lender wilhin 30 days from the <br />date notice is maiJed by Lender &0 Borrower that the insurance carrier offers to settle a claim for insurance benefits, lender <br />IS aUlhorized to collect and apply the insurance proceeds at Lender's oplion eilher to restoration or repair of Ihe Property <br />or to the sum, secured by this Deed of Trust. <br />Unless Lender and Borrower otherw.se agree ill writing, any such application of proceeds to principal shall nol eXlend <br /><If po.<tpone the dne ,late of the monthly lDSlallmems referred to in paragrapbs I and 2 hereof or change the amolint of <br />such installments. If under paragraph I ~ hereof the Property IS acquired by Lender, all righl. title and interest of Borrower <br />in and to any instir-auce policies and in and to the proceeds thereof resulting from damage to the Property prier to the sale <br />or acquisition shall pass to Lender to the e"tent of the Slims secured by this Deed of Trost immediately prior to such sale or <br />acquisition. <br />- 6. Preservation and Malnl......oce of Property: Leaseholds; Condominiums; Planned Unit Developments. Borrower <br />'...hotll keep the Pro~")' in good repa!~ <.Ind ;,.hall not cummlt Vl>asle or permit impairment or deterioration of the Property <br />Jnd shall comply wllh the provisions 01 any iease if Ihis Deed of Trust. IS on a leasehold. If this Deed of Trusl is on a unit in a <br />condommium or a planned unit development. Borrower shaH petfCifi1 aU .of Berrower's obligation,. ~lIlder the declaration <br />or cu\'enants creating or governing the cundominmm or planned unit development, the by~laws and regulations of the <br />condominium or planned unit development. and consti.tuelH _ documents. '. If a condominium or planned unit development <br />rider 1:5- executed by Borrower and re-.conjed together WIth thIS Deed of "1 rust, the covenants and agreements of such rider <br />:d'.iaH be incorporated jilin and shaH amend and &-uppiemem the o:wenants and ugrcements or this Deed of TnJst as if the rider <br />were a part hereof. <br />7. Protection of I...eader's Security. If Borrower fails h) pC'rfomt the covenants and agreements contained in thi" <br />~ :)f Tru:t. or if ~ny ac{'~of! .or proceed~ng is commenced which materially affects Lendei"s interest in the Property, <br />IIlcluding~ hut not imuted to, emlfien~ domaUl. insolvency, cooe t~n1t)rcement. or arrangements or pn)~(''edings involving a <br />bankrupt or dCt..--edent. t~n Lender at Lender's t,,;ption. upon notice. to Borro,wer. may make such appeatun\,;t"s. disbun.c s\H::h. <br />!~'!!S .am:! take :mch ~-cUon liS is n~'liSary to protect Lender", Interest, Itlduding. hut not limited roo dls.bursement (If <br />~abie uHvrrre;(s k~ a;:~ entry upon the Property tel make rcpair~_ if Lendc}o. required IHodgage insuralice -tIS a <br />conditinn of making the loan secured by this Deed of Trust, Borrowet ,hall pay the premiums required to maintain ,,,eh <br />insunt:oc.e in effect until such time as the requirement for 'Such insurance terminate!;. ir! f.1\.'<cordan-ce with BCH'rOWC;'s. <hi:d <br />l~'!- wri~en ::.greeD"':dillt Oi a.ppilQote- jaw_ Borrower -shall pay the amount uf ~}H mortgage ttlsurancc premiums in (hf,~ <br />rflanller provided under paragraph 2 hereof. <br />, .I\U-y amounts. disbursed hy L.e-nde_f punmant to this: paragraph 7. With mterest thereon. shall hcl;mne additional <br />H>debled_ of Borrow", secured by this Deed of Trust. Unless Borrower and Lender agr<.'C to other terms 01 payment, '"eh <br />a_lU.I1t.sh411 be payable upon nOlice from Lender", Borrower requesting payme", thereof, and ,hall beal interesl ftOm the <br />date .}f ~t at the rate payable fn"lfl) time to _tlille on "uht.am:iing principal under the Note unless -payment of interest <br />at SUi;h fate would be t:9fltrary tu Apph.ca_olt'_ ia\\', In which eVent '>lll.;:'h amourH!ii 'iha.ll hc-ar mterest at the "n~hes. rale <br />pe-rmtuibte, under i1ippiieabie law,. Nothing contained. in .lhi~ paragraph 7 '>haH retlUHt.. Lender to mcur allY ~;'(pen~ ,\f take <br />....y ""tlon Iletwndcr. <br />It, ~ l.e:ndt-~ may make flr~,-ilUit. (,j) ~~ made r'C'il'S-o-nahlc enttJ:es U~~H"I tmd !l-'j''i-p-e4~tJnl!"';.- vi the Pr(~perty, provideti <br />that u~ iballlwe Bcrrvwt:r nfttK-C pnuf to any :\och ffl3pcchon tlpectiymg te~.\-on.\tJ~c UiUSt; ~h("n:hlf rd.!te-u h.l I ("m1er"~ <br />mler"" ..0 UIe P_v <br />