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<br /> <br /> <br /> <br /> <br /> 002636 <br /> g <br /> is UNrPoam Cover Amm Borrower and Lander covenant and agree as follows: <br /> 1. PaSyttsrtai of Prfaecipal and latterrat. Borrower shall promptly pay, <br /> when due the principal of and interest on the <br /> indcbtcdness evidenced by the Note, prepayment and late charges as provied in the Note„ and the principal of and interest <br /> on anyy Future Advances smvred by this Deed of Trost. <br /> i 2 Funds for Taunt taod brsw=ce. Subject to applicable law or to a written waiver by Lender. Borrower sball pay <br /> to Lender on the day monthly installments of principal and interest are payable under the Note, until the Note is paid in full. <br /> a sum (berein "Funds") equal to one-:welfth of the yearly, taxes and assessments which may attain priority over this <br /> Deed of Trtast, and ground rents on the Property. if any, plus one-twelfth of yearly premium installments for hazard insurance, <br /> plus onc-twelfth of yearly premium installments for mortgage insurance; if any, all as reasartably estimated initially and from <br /> time to time by. Lender on the basis of assessments and bills and reasonable estimates thereof. <br /> The Funds shall be held in an institution the depo its or accounts of which are insured or guaranteed by a Federal or <br /> state agency (including Lender if Lender is such an insutution). 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 Fun(Is, analyzing said account <br /> or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law <br /> ppecrmits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this <br /> Decd of Trust that interest on the Funds shall be paid to Borrower. and unless such agreement is made or applicable law <br /> requires such interest to be paid; Lender shall not be required to pay Borrower any interest or earnings an the Funds. Lender <br /> shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the <br /> purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured <br /> by this Deed of Trust.. <br /> If the am~xtnt of the Funds held by Lender, together with the future monthly installments of Funds payable prior to <br /> the due dates of taxes, assessments, insurance premiums and ground rerun shall exceed 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, either <br /> promptly repaid to Borrower or credited to Borrower on monthly installments 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 pal 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 this Deed of Trust, Lender shall promptly refund to Borrower any Fund. <br /> held by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender <br /> shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by <br /> Lender at the time of application as a credit against the sums secured by this. Deed of Trust. <br /> 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lcndcr under the <br /> Note and paragraphs 1 and 2 hereof shall be applied by Lender first in paent of amounts payable to Lender by Borrower <br /> under paragraph 2 hereof, then to interest payable on the Note, then to tymhe principal of the Note, and then to interest and <br /> principon n eny Future Advances. <br /> 4. ChaL : L.iebs, Harrower shall pay ap taxes, assessments and other charges, fines and impositions attributable to <br /> the Property ch may attain prrity over thiof Trust, and leasehold payments or ground rents, if any, in the <br /> manner provunder paragraph 2 hereof or, if not paid in such manner. by Borrower making payment, when due, directly <br /> to the payee thereof. Borrower shall promptly furnish to Lender alt notices of amount dt>r under this paragraph, and in the <br /> event Harrower shall make payment directly, Harrower shall promptly furnish to Lender receipts evidencing such payments. <br /> Borrower shall promptly discharge any lien which has priority over this Decd 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 iri a mat)ner acceptable to Lender, or shall in good faith contest such lien by. or defend enforcement of such lien in. <br /> legal pproceedin which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br /> 5. Hazard insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property instued <br /> against loss by fire, hazards included within the term "extended coverage', and such other hazards as Lender mty require <br /> and in such amounts and for such periods as Lender may require; provided, that bender shall not sire that the amount of <br /> xuch coverage exceed that amount of coverage required to pay 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. <br /> that such approval shall not be unreasonably withheld; All premiums on insurance policies shall be paid in the manner <br /> provided under paragrapb 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the <br /> insurance carrier. <br /> All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard martgagc <br /> clause in favor of and in form acceptable to Lender. Lender shall have the right to hold 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 Ins.. <br /> Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly <br /> by Borrower. <br /> Unless Lender and Borrower otherwise agree in writing. insurance Proceeds shall be applied to restoration or repair of <br /> the Ptopcrty damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is <br /> not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would <br /> be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid <br /> to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the <br /> date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance bencfts. Lender <br /> is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property <br /> 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 <br /> or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br /> such installments. If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower <br /> in and to any :risurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale <br /> or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or <br /> acquisition. <br /> 6. Preservation and Maintenance of Property; I<.eawholds; Condominlntns; Planned Unit Mwelopmetits. Borrower <br /> %hail keep the Property in good repair and shall not commit waste or permit inictment or deterioration of the Property <br /> and shall comply with the provisions of any lease if this Decd of Trust is on a leasehold. If this Deed of Trust is on a unit in a <br /> condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration <br /> or covenants creating or governing the condominium or planned unit development, the bylaws and regulations of the <br /> condominium or planned unit development. and constituent documents. If a condominium or planned unit development <br /> rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such rider <br /> shall be incorporated into and shall amend end supplement the covenants and agreements of this Deed of Trust as if the rider <br /> were a part hereof. <br /> 7. Protection of Lenders Security. If Borrower fails to perform the covenants and agreements contained in this <br /> Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br /> including, but not limited to, eminent domain. insolvency, code enforcement, or arrangements or proceedings involving a <br /> bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such <br /> sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of <br /> reasonable attorney's fees ■nd entry upon the Property to make repairs. If Lender required mortgage insurance as a <br /> condition of making the loan secured by this Deed of Trent, Borrower shall pay the premiums required to maintain such <br /> insurance in effect until such time as the requirement for such insurance terminates In accordance with Borrower's and <br /> Lenders written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br /> manner provided under paragraph 2 hereof, <br /> Any amounts disbursed by Lander pursuant to this paragraph 7, with interest thereon, shall become additional <br /> indebtedness of Borrower secured by this Teed of Trust. Unless Borrower and Lender agree to other terms of payment, such <br /> amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br /> date of disbursemenc at the rate payable from time to time on outstanding principal under the Note unless payment of interest <br /> at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest ra-c <br /> permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br /> any action hereunder. <br /> L Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br /> that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br /> interest in the Property. <br />