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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 89` 1 v 05 a5 <br />I. Payweat of Prisellal and Iaterat; Prepayment and Late Charges. 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 />2. Fwmb for Tara and Imarium. 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 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 />Lenda 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 requited 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 fbture monthly payments of Funds payable prior to <br />the due data 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 DA 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 prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of <br />applieation as a credit against the sums secured by this Security Instrument. <br />3. Applfatka of Paytaeists. 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 prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. <br />4. (lanes; 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 />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which hear eric►rity nyer this G rarity in4�..., t Uldess Rotroe er, (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 Lender's 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,. Leader• may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the schema set forth above within 10 days <br />of the giving of notice. <br />3. ilasard Laaraaee. Borrower shall keep the, improvements now existing or hereafter erected on the Property <br />insured against km by fin, hazards included within the term - extended coverage" and any other hazards for which Lender. <br />requires insurance 'Phis insurance shall be maintained in the amounts 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 />unstably withheld. <br />All insurance policies and renewals. shall be acceptable to Lender and .hail include a standard mortgagq clause. <br />Lender shall have the right to' hold the pdir m and renewals. If Lender requires, Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewaN mDdces. In the event of loss. Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proofof 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 kssened. 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 o r not then 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 insurph a weeder bs <br />offered to settle a claim, them Leader may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay 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 proceeds to p 6ricipal 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 19 the Property s. acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />frond damage to the Property-prior to the acquisition shaDli pass to Lender to elte,extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Pfeserrstdon and MNatenaaetetProperp, 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 />Borm*er shall comply with theprovisions of the lease, and if Borrower acquires fee-title to the Property, the leasehold and <br />feeritk shall not merge unlessisnder agrees to the merger in writing. <br />7. Protertios of LeimWs Rights 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 />Leader's rights in the Property (such as a proceeding in bankruptcy, probate, for cwndemmeti6n or to enforce !aWs ear <br />fqp ations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lander_ s eights <br />in; the Property. Lender's actions may include paying any sums secured by .a lien which has priority aver'this Security <br />Ins2rvnent, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. AI'th&agh <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 shalt become additional dent of Borrower secured by this <br />Security instrument. Unless Borrower and Lender agree to other terms of payrnenif 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 />