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L <br />1 <br />l'VIt ultNt CtrvC'NA`s I s Bornnver and Lender covenant uml agree as f++lloa s. <br />89-"E- 100505 <br />1. Payment of Principal and interest; Prepayment and Late Charges. Borrower %halt promptly pay %%hen due <br />the principal of anti 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. pay <br />to Lender on the day monthly payments are due under the Niue, until the Note is paid in full, .1 sum ( "Fund% ") equal to <br />one - twelfth of. (a) yearly taxes and assessments which may attain prionty 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 called "escrow items." Lender may estimate the Funds due on the <br />basis 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 Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to matte 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 Lender 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 Born *suer <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no, Pater <br />than iuunvdiwely prior to the sale of the Property or its acquisition by Lcndcr. any Funds held by Under at the time of <br />application as a credit against the sums secured by this 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 late charges due under the Note; second, to prepaym. ent charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth. to interest due; and last, to principal due. <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. <br />Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall <br />pay them on time directly to the person owed payment. Borrower shall 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 />receiptsevidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <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 Lenders 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 />notice identifying the lien. Borrower shall satisfy the lien or take one ar more of the actions set forth above within 10 days <br />of the giving of notice. <br />5. Hazard Insurance.. Borrower shall keep the improvers its now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage' and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the atheunts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's. approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have•the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender <br />4 receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance <br />wrier and Lender. 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 <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 is.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 then slue. 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 settle a elaim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to paw sums secured by this Security Instrument; whether or not then due.: The 30 -day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of procee& to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change ;he amount of the payments. if <br />under paragraph 19 the Property is acquired by Lender, Borrowers. right to any insurazace.paticies 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 Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property: Leaseholds. Borrower-shall not destroy, damage or substantially <br />change the Property. allow the Property to deteriorate or commit .waste. If this Security Instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Prdperty; Mortgage Insurance. If Borrower fails to perform .the <br />• covenants and agreements contained in this Secunta Enstrument, or there is a Legal proceeding that may significantlya afecl <br />Lender's rights in the Property (such as a proceeding in bankruptcy. probate, f¢r condemnation or to enforce faus or <br />regulations),jhexc Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />in the ProperE . Lender's actions may include paying any sums secured by a lien Which has priority over this Securhy <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 Inst:rutnent. Unless Borrower and Lender agree to other terms of payment, these amounts shall hear 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 />`rte <br />ti <br />F. <br />I <br />