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89-___100336 <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. payment of Principal sad Interest; Prepsymeat and Late Ckarges. Borrower shall promptly pay when due <br />the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />Z. A" for Taxes and howasce. 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 ") equal to <br />one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, if any. These items are csHW `•escrow items." Lender may estimate the Funds due on the <br />W6 of current data and reasonable estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state agency (including Lander if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lander may not charge for holding and applying the Funds. analyzing the account or verifying the escrow items, unless <br />Lander pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on 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 by <br />this Security Instrument. <br />If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items. shall exceed the amount required to pay the escrow items when due, the excess shall be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the <br />amount of the Funds held by Lander is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any <br />amount necessary to make up the deficiency in one or more payments as required by Lender. <br />Upon payment in full of all sums secured by this Security Instrument, lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prwr to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of <br />applications as a credit against the sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicaWe lam provides otherwise. all payments received by Lender under <br />paragraphs I and 2 shall be applied: fast, to late charges dire under the Note; second, to prepayment charges due under the <br />Nate; third, to amounts payable under paragraph 2; forth t o intaen if= and last, to principal due. <br />4. Merges; Leas. Borrower shall pay all taffies; amesss mm charges, fines and impositions attributable to the <br />>hiperty which may attain priority. over this Sect=tW Instrum=t" and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided in paragraph 2. or if not paid in that manner,. Borrower shall <br />pay than on time directly to the person owed payment. BorrowersW promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to. Lender <br />receipts evidencing the payments. <br />Borrower sball promptly discharge any lien which has priority over this Security Instrument unless Borrower: W. <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to lender, (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lendees opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a <br />suasive identifying the lien. Borrower shall satisfy the lira or take one or more of the actions set forth above within 10 days <br />ofthe giving of notice. <br />S. klaxwd Insurance. Borrower shall keep the improvemn eats now existing or• hereafter erected on the Property <br />inure against lass by fire, hazards included within the term "extennded coverage" and any other hazards for which ender <br />requires hisurapm This insurance shall be maintained in the aniqunts and for the periods that LecvJ requires. The <br />insurance carrier providing the insurance shall be chosen by Bo=wer subject to Lender's approval itihich shall not be <br />ita�sonably withheld. <br />AN b srranoe policies and rerretwra6 shall be acceptable to Lender and shall include a standard mortgage dause. <br />I eader shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt node to the insurance <br />carrier and Lender. Lender may make proofof loss if<we made promptly by Borrower. : , <br />Unless Lender and Borrower otherwise agree in writing, insurance'proceeds shall be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the <br />restoration or repair b not economically feasible or-Lender's security would be lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not theca due, with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has <br />offered to settles a claim, then Lender may collect the insurance proceeds. Leetder may use the proceeds to repair or restore <br />die-Property or to pay sums secured by this Security Instrument; whether or trot then due. The 30-day period will begin <br />whenthettAk.p isgiven. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall 'nor extend or <br />paupone the due date of the monthly payments referred to in paragraphs 1 and.2 or change the amount of the payments. If <br />tinder paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Se urity <br />Instrument ftmuediately prior to the acquisition. <br />6. Preservation and Maintenance of Properj8, Lembolds. Borrower shall not destroy, darftdr. or substantially <br />c1mge the Property, allow the Property to deteriorate or commit waste.. ti' this Security Instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease, and if Borrower acgg.Lm fee title to the Property. the leasehold and <br />fee title shall not merge unless Lender ogre% to the merger in writing. <br />' 7. PnAeethm of Leader's Ri=fts In the Property; Mortgage Insurance. If Borrower fails to perform. the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's tights in the Property (such as a proceeding in bankruptcy. probate, for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from <br />the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower <br />requesting payment. <br />t_ <br />ii <br />rf . <br />v <br />t� <br />1 <br />