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TOGETHER WITH all the improvements now or hereafter erected on the property, and ali easements, appurtenances, and <br /> fbctures now or hereafter a part of the property. Ali 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 iawfully 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 will ZV <br /> defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Q <br /> THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited fl <br /> variations by jurisdiction to constitute a uniform security instrument covering real property. � <br /> UNIFORM COVENANTS. Qorrower and Lender covenant and agree as follows: 0 <br /> 1. Payment of Principal and interest; Prepayment and Late Charges. Borrower shall promptly pay wnen 0 <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 full, a sum ("Funds") for: (a) yearly � <br /> taxes and assessments which may attain priority over this 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, if any; (e) yearly mortgage insurance premiums, if 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 /> federally related mortgage loan may require for Borrower's escrow account under the federal 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 expenditures of future <br /> Escrow Items or otherwise in accordance with applicable law. <br /> The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including <br /> �ender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow <br /> Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying <br /> the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a <br /> charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service <br /> used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or <br /> applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. <br /> Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, <br /> without charge, an annual accounting of the Funds, showing credits and debits 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 Security Instrument. <br /> If the Funds held by Lender exceed the amounts permitted to be held by applicable 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 /> twebe monthly payments, at Lender's sole discretion. <br /> Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds <br /> held by Lender. If, under paragraph 21, Lender shaii acquire or sell the Property, Lender, prior 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 Instrument. <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 Iate 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 if 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 directly, Borrower shall promptly furnish 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 priority 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 fire, hazards included within 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 maintain coverage described above, Lender may, at Lender's <br /> option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. <br /> All insurance policies and renewals shall be acceptable to Lender and shall include 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 receipts of <br /> paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. <br /> 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 <br /> Property damaged, if the restoration or repair is economically feasible and Lender's security 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 restore 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 application 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 this 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 /> socty 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 othervvise agrees in writing, which consent shall not <br /> be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's controi. 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 if any forteiture action or proceeding, whether civii or criminal, is begun that in Lender's good faith judgment could result <br /> in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. <br /> F131s.LM0 (1/89) Page 2 of 5 � C�� <br />