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1 <br />89-_ 109.405 <br />UNIFORMCOVE%ANTS. Borrower and Lender covenant and agree.asfollows: <br />I. Payment o! Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal ofand interest on the.debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. Funds fDr Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender on the day nionthly, payments are due under the Note, until the Note is paid in full, a sum ("Funds ") equal to <br />one - twelfth of (a) yearly teamand assessments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payments or grourd' rents on the Property. if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums,.il".any. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of current data and seasor.W_- estimates of future escrow items. <br />The Funds shall be held era an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state agency (including Lenda ifl[.ender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for haldit;g 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 thtt interest shall be paid on the Funds. Unless an agreement is mad; or applicable law <br />requires interest -to be paid, Leader shall not be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower, Mthaut ,zharge, an annual accounting of cis+: 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 additionzE security for the sums secured by <br />this Security Instrument. <br />If the amount of th-, Fends held by Lender, together with the future monthly- payments of Funds payable prior to <br />the due dates of the escrow iteiiis. shzU exceed the amount required to pay the ces= �, items when due, the excess shall be, <br />at Borrowers option, eithw ps. ptlyr repaid to Borrower or credited to Borrc r eroa mcathly payments of Func". If the <br />– amount of the Funds held by Lender is not sufficient to pay the escrow items :»s ^:^ borrower shall pay to Lander any <br />amount necessary to make up thrdeficiency in one or more payments as requkoa`. tender. <br />Upon.payment in full ofiall sums secured by this Security Instrumetnit, . yea shall promptly refund to liorower <br />any Funds held by Lender. If Helder paragraph 19 the Property is sold or acglired 11 Lrender. Lender shall apply, jag later <br />than immediately prior to thv stale of the Property or its acquisition by Lende , -iris Funds held by Lender at the time of <br />application as a credit against tlrpsums secured by this'Security Instrument. <br />3. Application of Ptaymromts. Unless applicable law provides otherr=se, all payments received by Lender under <br />paragraphs I and 2 shall be applitd: 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; anti last, to principal due. <br />4. Charges, Lims. Burrower shall pay all taxes. assessments, charg -, fine`s and impositions attributable to the <br />Property which may attain prictrity.over this Security Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obliptions in the manner provided in paragraph 7 .t1r'if not paid in that manner, Borrower shall!; <br />pay them on: time directly to the fisrson owed payment. Borrower shall prcarpily furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments direct!.. Borrower shall promptly furnish to Lender <br />receipts evidencing 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 .tithe obligation secured by the lien in a munr,.er acceptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal procee:iir,Is which in the Lenders opinion operate to <br />prevent thin enforcement of the live or forfeiture of any part of the Property. o. (c) secures from the holder of the lien an•, <br />agreement batisfactory to Lendersabordinating the lien to this Security Instrument. [Fr- rider determines that any part of <br />the Property is subject to a lie a which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the tier;_ Burrowker shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />S. Hazard Insumnm Borrower shall keep the improvements raw existing or hereafter erected on the Property <br />insured against loss by fire, hemrds included within the term "exlended co: erage ' and any other hazards for which Lender <br />requires insurance. Tiss insurance shall be maintained in the sarnounts and for the periods that Lender requires The <br />insurance carrier providing Or insurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withhewd. <br />All insurance policies and renewals shall he acceptable to Lender at•td shall include a standard mortgage clause. <br />Lender shall. have the right to hAd the policies and renewals. If Lender requires. Borrower shall promptly give to Lender <br />all receipts of paid pretnitims :and renev -al notices. In the event of loss. Borrower shall give prompt notice to the insurance <br />carrier and Under. Lendex- rnzy make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance pren,. -eds shall be applied to restoration or repair <br />of the Property damaged; W the restoration or repair is economically feasible and Lender's security is not lessened. If the <br />restorat :a(1, or repair is 1191 economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br />applied veJ(he sums secured by this Security instrument, whether or not then due, with any excess paid to Bor,-*Wer. if <br />Borrower.ah;andons th�Property, or does not answer within 3111days a notice from Lender that the insurance carrier has <br />offered to settlea clairn, then Lender may collect the insurance• l roceeds. Lender may use the proceeds to repair or restore <br />the Property or to pray sums secured by this Security Instrumenit_ whether or not then due. The 30-day period will begin <br />when the notice is given: <br />i Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone.the• due date of1he monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. if <br />under paragraph 19 AmProperiy is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to thr Property prior to the acquisition shall pass to lender to the extent of the sums secured by this Security <br />Instrument immediat:elyprior to the acquisition. <br />6. Ptreservaticoand 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 compl),with the provisions of the lease, and if Borrower acquires fee title to the Property. the leasehold and <br />fee title shall not art :rge unless Lender agrees to the merger in writing. <br />7. Prottrttaer d Lender's Rights in the Property; Mortgage insurance. If Borrower fails to perform the <br />covenants and agrtetrAntsconlained in this Security Instrument. or there is a legal proceeding that may significantly affect <br />Lender's rights in iLd, Property (such as a proceeding in bankruptc). probate. for condernnatum or to enforce laws of <br />regulations), theta L=44r may doand pay for whatever is necessary to protect the value of the Property and Lendei % rights <br />in the Property, l.frafitr's actions may include paying any Burns secured by a lien which has priority oter this Security <br />L Instrument, ap; earir-,rin court, paying reasonable attorneys fees and entering tin the Property to make repair. Although <br />Lender may take act:rsn under this paragraph 7. Lender dues not ha,.e to do so <br />Any am ,1-:a disbursed by Lender under this paragraph 7 %hail become additional debt of 11orronser secured by this <br />Security instru :net r Unless Ilorftmer and Lender agree to other tertm erf par inctil, these artioutitt. shall hear uttcre%t fr,tsa <br />the date of diOvi-se-sient at the lute rate and shAl he r.j }.atste. moth ttitrrr%t. upon notice tram t comer ti, tt:rn•aer <br />rcyue,t isag pa}n :ant <br />I$. <br />7 <br />_m <br />;AW. <br />N <br />n <br />} <br />r° <br />