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ALBBRT P BBNAIVDZ DIANNE L BENAIVDZ 201,6.08 04/03/1998
<br /> �` 98-1()316'7
<br /> UNIFORM COVENANTS. Bonower and Lender covenant and agree as follows: '��
<br /> �t.
<br /> 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest
<br /> indebtedness evidenced by the Note and late charges as provided in the Note.
<br /> 2. Funds for Taxes and Insurance. Subjec:t to applicable law or a written waiver by Lender. Borrower shall pay to
<br /> Lender on the day monthly payments of principai and interest are payable under the Note, until the Note is paid in full, a
<br /> sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit
<br /> development assessments. if any) which may attain priority over this Deed of Trust, and ground rents on the Property, if
<br /> any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yeazly premium installments
<br /> for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of
<br /> assessments and bills and reasonable estimates thereof. Borrower shail not be obligated to make such payments of Funds
<br /> to Lender to the eatent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder
<br /> is an institutional lender.
<br /> If Bonower pays Funds to Lender, the Funds sliall be i�eld in an i��stitution the deposits or accounts of which are
<br /> insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply
<br /> the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and
<br /> applying the Funds, aaalyzing said account or verifying and compiling said assessments and bills, unless Lender pays
<br /> Bonower interest on the Funds and applicable law permi�s L.ender to make such a charge. Bonower and Lender may agree
<br /> in writing at the time of execution of this Deed of Trust that interest on tl�e Funds shall be paid to Borrower, and unless
<br /> such agreement is made or applicable law reyuires such interest to be paid, Lender shall not be reyuired to pay Bormwer
<br /> any interest or earnings on the Funds. Lender shall give to Borrower, without cliarge, an annual accounting of the Funds
<br /> s6owing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds aze
<br /> 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 nwndily installments of Funds payable prior to
<br /> the due dates of taxes, assessments, insurance prenuums and ground rents. shall exceed the amount required to pay said
<br /> taaes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Bonower's option,
<br /> either promptly repaid to Borrower or credited to Bonower on moi�thly installments of Funds. If the amount of the Funds
<br /> held by Lender shall not be sufficient to pay taxes, assessments, insuraix:e premiums and ground rents as they fall due,
<br /> Bonower shall pay to Lender any amount necessary to make up d�e deficiency in one or more payments as Letider may
<br /> require.
<br /> Upon payment in full of all sums secured by this Deed of Trust, Lender sliall promptly refund to Borrower any Funds
<br /> held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acyuired 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 Lender under the
<br /> Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Bonower
<br /> under paragraph 2 hereof, then to interest payable on the Note, and then to tlie principal of the Note.
<br /> 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Bonower shall perform all of Bonower's obligations
<br /> under any mortgage, deed of trust or otlier security agreement with a lien whicl� has priority over this Deed of Trust,
<br /> including Bonower's covenants to make payments when due. Bonower shall pay or cause to be paid all taxes, assessments
<br /> and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust,
<br /> and leasehold payments or ground rents, if any.
<br /> S. Hazard Insurance. Borrower shall keep tl�e improvements now existing or hereafter erected on the Property
<br /> insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may
<br /> require and in such amounts and for such pericxls as Lender may require.
<br /> The insurance carrier providing the insurance shall be cl�osen by Borrower subjec;t to approval by Ixnder; provided,
<br /> that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form
<br /> acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to L.ender. Lender
<br /> shall have the right to hold the policies and renewals tl�ereof, subject to the terms of any mortgage, deed of trust or other
<br /> security agreement with a lien which has priority over tliis Deed of Trust.
<br /> In the event of loss, Bonower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
<br /> of loss if not made promptly by Bonower.
<br /> If the Property is abandoned by Borrower, or if Bonower fails to respvnd to Lender within 30 days from the date
<br /> notice is mailed by Lender to Bonower that the insurance carrier offers to settle a claim for insurance benefits, Lender is
<br /> authorized to collect and apply the insurance proceeds at Lender's aption either to restoration or repair of the Property or
<br /> to the sums secured by this Deed of Trust.
<br /> 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments.
<br /> Borrower shall keep the Property in gocxi repair and shall not commit waste or permit impairment or deterioration of the
<br /> Property and shall comply with the provisions of any lease if tl�is Deed of Trust is on a leasehold. If this Deed of Trust is
<br /> on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the
<br /> declaration or covenants creating or governing d�e condominium or plam�ed unit development, the by-laws and regulations
<br /> of the condominium or planned unit developmeut, and constituent dcx:uments.
<br /> 7. Protection of Lender's Security. If Bonower 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, then
<br /> Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including
<br /> reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage
<br /> insurance as a condition of making the loan sec;ured by this Deed of Trust. Bonower shall pay the premiums required to
<br /> maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with
<br /> Borrower's and Lender's written agreement or applicable law.
<br /> Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon� at the Note rate, shall become
<br /> additional indebtedness of Borrower secured by this Deed of Trust. Unless Bormwer and Lender agree to other terms of
<br /> payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing
<br /> contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.
<br /> S. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property,
<br /> provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to
<br /> Lender's interest in the Property,
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