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89— 101173 <br />3 <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Prisci#al o d Interest;, Prepayment and Late Charges. Borrower shall ,pr' mrtly pay when due <br />the principal ofand interest on the debtevidertced by the Note and any prepayment and law charges due under the Note. <br />2. Fends 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 f0l. a sum ( "Funds") equal to <br />one - twelfth of. (a) yearly taxes and assessments which may attain priority owr 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 caned "escrow items." Lender may estimate the Funds due on the <br />basis of current data and reasonable estimates of future escrow it:ams. <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 make such a charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless as 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 accoutiting of the Funds showing credits and debits to the Funds and the <br />puxpme for wU.ii.s ach.detht to the Funds was made. The Funds are pledged as, . additional security for the sums secured by <br />tbti� Securityr%ft„�c•,�ert:. <br />- <br />I€ the air,..,: aa2! xl,e. Lands held by Lender, together with the future in'rsnthly payments of Funds payable prior to <br />the d= datem cffbe t: -A items, shag exceed the amount required to pay tiro escrow items when due, the excel shall be, <br />; <br />at- r r f+ramrptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the <br />aa�f -- t of the Funds heM t�- );.reader is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any <br />t=W y in one or more payments as regc&ed by Lender. <br />• Upon payment in fu,i<of Q.w745 secured by this Security Instrument, Lender shall promptl - tLfund to Borrower <br />arxy funds held by Lender. If un&i- oalrszraph 19 the Property is sold or acquired by Lettd�.r„1F.endesr�ltalI apply, no later <br />, t ;•i..: ` <br />'hanl iminedi wly prior to the sale 6ruh-~ Pruperty or its acquisitin_n by Leaser, any Frw4- held iby�'I�ader at the time of <br />application as a credit against the stiri's seed by this Security Inst:ri>c <br />; <br />3. Application of Faymentx. Unless applicable law prov all payments receiicd by Lender under <br />paragraphs 1 and 2 shall be applied: first, to late charges due under th e Nct-e .�.rond. to prepayment cFArges due under the <br />Note; third, to amounts payable under paragraph 2; fourth, to intw� due: w :d last, to principal due. <br />4. Charges; Liens_ Borrower shall pay all taxes, assessments, eta. --ges, fines and impositions attributable to the <br />Property which may attain; pOority over this Security Instrument, ake-, b aichold payments or S urd rents, if any. <br />&grower shall pay these dl r;ms in the manner provided in paragraph Z. cr if not paid in that ntacr,,:.t^, Borrower shall <br />pay them on time directly tz &-c persen owed payment. Borrower shall prompt23 famish to Lender aR ti aces o amounts <br />' <br />to be paid under this paragraph. If) .&,3wer makes these payments directly. IBurmw•er Shall prompt:y furnish t�- Lender <br />receipts evidev.dugtlte payments. <br />Borrowce 4,N& prompts_ disz1harge any lien which has priority over t2i�, S»u::t_ Instrument unless Borrow: (a) <br />j <br />agrees in writing to the pay *�=t of the obligation secured by the lien in a mar er acceptable to Lender; (b) contests in gc vd <br />faith the lien by, or defends aea.-ist enforcement of the lien in, legal proceedcngs which in the Lender's opinion operate to <br />prevent the enforcement of tree dozes er forfeiture of any part of the Property; or (c) secures from the holder of the lien an <br />agreement sat~,ia..ctoty to Lender 5Wl rdinating the lien to this Securay Instrument. If Lendv. determines that any part of <br />the Property is- s:abject to a 't:=Z which may attain priority over t*hi;, S=uoty Instrument- Lender may give Borrower a <br />notice identifying the liens Frrrawer shall satisfy the lien or take ors; c•t zmorz of the actions set forth above within 10 days <br />of the giving of notice._ <br />S. Hazard Insurance. Borrower shall keep the improvcments now existing or hereafter erected on the Property <br />insured against loss by fire. hazards inr.W jed within the term "exte -ded coverage" and am ether hazards for which Lender <br />requires insurance. This insurance sftall be maintained in the ar,r,3;:ats and for the perrcds 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 pc15 ;T,% and renewals shall be acceptable to Lender atnd shall include a standard mortgage clause. <br />Lender shall have the riyr�r to hold the policies and renewals. If Le 3er raqu:ires, Borrower shall promptly give to Lender <br />}N ` <br />all receipts of paid preriums and renewal notices. In the event of bass. Borrower shad prompt notice to the insurance <br />carrier and Lender. Lends. may make proof of loss if not made promptly by B-;: rrower. <br />'r <br />Unless Lender an W &- rrower otherwise agree in writing, inter an z pr•; needs shall be applied to ro- tor3tion or repr.ir <br />oft1be Property damaged, i► the restoration or repair is economica.ty and Lender's security is iwi lessened. If the <br />res.oray.,on crr repair is not economically feasible or Lender's s--runty would be lessened, the insurance proceeds shall be <br />applied to tfiW gums secured by this Sc-mrny Instrument, whttktr or not then due, with any excess paid to Borrower. If <br />Borrower a4dndons the Property, or does not answot within .10 days a notice from Lender that the insurance carrier has <br />offered to settle a claim, them Lender may collect the insuvarce proceeds. Under may use the proceeds to repair or restore <br />the Property or to pay stars secured by this Security f ns3rt4mertt, whether o. Y not then due. The 30 -day period will begin <br />when the notica is given. <br />Unless Lender and Borrower otherwise agree in -ki-u-ecing. Wni, appl',. .ion of proceeds to principalshall not extend or <br />postpone the due date of the monthly payments referrer to in paragraphs ) 4" 2 or change the amount of the payments. If <br />under paragraph 19 the Property is acquired by Lerrdtx, Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Proper Ty prior to the acquisiucr: shall pass to Lender to the extent of the sums secured by this Security <br />lastrument immediately .emir to the acquisition. <br />6. Preservativ>v:;rr.4 Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Property. zt . the Property to'deteriorate or commit waste. If this Security Instrument is on a leasehold, <br />Borrower shall comply %vi rht .he provisions of the lease. and if Borrower acquires fee title to the Property. the leasehold and <br />-__- <br />fee title shall not merge err h%� Lender agrees to the merger in writing. <br />7. Protection of Cendees Rights in the Property; Mortgage Insurance. if Borrower fails to perfornn the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that ma) significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnation or to enforce laws or <br />regulations), then Lender.maN. do and pay for whatever is necessary to protect the salue of the Property and Lender's rights <br />in the Property. Lender's a,vonr, may include pa }ing any sums secured by a lien which has prwret% over this Security <br />Instrument, appearing in court. paying rt:asonab'leattorneys' 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 i3orreacr secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of pa% ntent. these amounts shell) hem interest f rum <br />ti <br />the date of disbursement at the Note rate and shall he payable. with interest. upon notice from Lender n• Horroacr <br />requesting payment <br />r, <br />r. <br />d •:s <br />{ <br />' i <br />