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TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and <br /> fatures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. <br /> All of�the foregoing is referred to in this Security Instrument as the "Property." <br /> • BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and� <br /> convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and vyill� <br /> defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. ' <br /> THIS SECURITY INSTRUMENT combines un'rfortn covenants for national use and non-un'rform covenants with limite¢ <br /> variations by jurisdiction to constkute a un'rform security instrument covering real property. `��" <br /> UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: � <br /> 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay wnen yp <br /> due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br /> 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay� <br /> to Lender on the day monthly payments are due under the Note, until the Note is paid in tull, a sum ("Funds") for: (a) yearly <br /> taxes and assessments which may attain priority over thfs Security Instrument as a lien on the Property; (b) yearly leasehold� <br /> payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance <br /> premiums, 'rf any; (e) yearly mortgage insurance premiums, ff any; and (f) any sums payable by Borrower to Lender in accordance <br /> with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow <br /> Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a <br /> federaily related mortgage loan may require for Borrower's escrow account under the federai Real Estate Settlement Procedures <br /> Act of 1974 as amended from time to time, 12 U.S.C. � 2601 et seq. ("RESPA"), unless another law that applies to the Funds <br /> sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. <br /> Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of e�endkures of future <br /> Escrow Items or otherwise in accordance wkh appl�able law. <br /> The Funds shall be held in an institution whose deposRs are insured by a federal agency, InstrumentaiRy, or entky (including <br /> Lender, if Lender is such an instkution) or In any Federal Home Loan Bank. Lender shail apply the Funds to pay the Escrow <br /> Items. Lender may not charge BoROwer for holding and appying the Funds, annually analyzing the escrow account, or verifying <br /> the Escrow Items, unless Lender pays Borrower Mterest on the Funds and applicable law permks Lender to make such a <br /> charge. However, Lender may require Borrower to pay a one-tfine charge tor an independent real estate tax reporting serv�e <br /> used by Lender in connection wfth this loan, unless applicable lew provides otherwise. Unless an agreement fs made or <br /> applicable law requires interest to be paid, Lender shali not be requfred to pay Borrower any interest or eamings on the Funds. <br /> Borrower and Lender may agree in wrRing, however, that interest shall be pa(d on the Funds. Lender shall give to Borrower, <br /> without charge, an annual accounting of the Funds, showing credks and dabits to the Funds and the purpose for which each <br /> debit to the Funds was made. The Funds are pledged as additional security for all sums secured by the Securfty Instrument. <br /> If the Funds held by Lender exceed the amounts permkted to be held by applfcable law, Lender shall account to Borrower <br /> for the excess Funds in accordance with the requirements of applicable law:°If the amount of the Funds held by Lender at any <br /> time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower <br /> shall pay to Lender the amount necessary to make up the deficiency.'�Borrower shall make up the deficiency in no more than <br /> twelve monthly payments, at Lender's sole discretion. - <br /> Upon payment in full of all sums secured by this Security Instrument, Lender shall promptty refund to Borrower any Funds <br /> held by Lender. If, under paragraph 21, Lender shall acquire or seli the Property, Lender, p�itlr to the acquisition or sale of the <br /> Property, shall apply any Funds held by Lender at the time of acquisition.or sale as a credit against the sums secured by this <br /> Security InstrumenL <br /> 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br /> paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under <br /> paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. <br /> 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the <br /> Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall <br /> pay these obligations in the manner provided in paragraph 2, or ff not paid in that manner, Borrower shall pay them on time <br /> directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this <br /> paragraph. if Borrower makes these payments dfrectly, Borrower shall promptly fumish to Lender receipts evidencing the <br /> payments. <br /> Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in <br /> writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the <br /> lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the <br /> enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to <br /> this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain prforRy over this <br /> Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of <br /> the actions set forth above within 10 days of the giving of notice. <br /> 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the <br /> Property insured against loss by (ire, hazards included withfn the term "extended coverage" and any other hazards, including <br /> floods or flooding, for which Lender requires insurance. This insurance shall'be maintained in the amounts and for the periods <br /> that Lender requires. The insurance carrier providing the insurance shall be chosen�by Borrower subject to Lender's approval <br /> which shall not be unreasonably withheld. If Borrower fails to maintai� coverage described above, Lender may, at Lender's <br /> option, obtain coverage to protect Lender's r'�ghts in the Property in accordance with paragraph 7. <br /> All insurance policies and renewals shal� be acceptable to Lender and shall fnclude a standard mortgage clause. Lender <br /> shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all recefpts of <br /> paid premiums and renewai notices. In the event of loss, Borrower shall give prompt"nbtice to the insurance carrier and Lender. <br /> Lender may make proof of loss 'rf not made promptly by Borrower. . <br /> Unless Lender and Borrower otherwise agree in writing, insuranee proceeds shail be applied to restoration or repair of the <br /> Property damaged, 'rf the restoration or repair is economically feasible and Lender's securky is not lessened. If the restoration or <br /> repair is not economically feasible or Lender's security would be lessened, the insurance proceeds' shall be applied to the sums <br /> secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the <br /> Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then <br /> lender may collect the insurance proceeds. Lender may use the proceeds to repair or resto�e the Property or to pay sums <br /> secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. <br /> Unless Lender and Borrower otherwise agree in writing, any appiication of proceeds to principal shall not extend or <br /> postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If <br /> under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from <br /> damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums by thls Security Instrument <br /> immediately prior to the acquisition. <br /> 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br /> Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within <br /> sucty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br /> residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not <br /> be unreasonably withheld, or unless extenuating circumstances exist which are beyond BoROwer's control. Borrower shall not <br /> destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in <br /> default 'rf any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could resuk <br /> in forfeiture of the Property or otherwise materially impair the lien created by�this Security Instrument or Lender's security interest. <br /> F1378.LM0 (1/97) Page 2 ot 5 '� � .. � . .�c�l,\/� �7 J � <br /> �� <br /> 98085 <br />