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=.i <br />89--1103005 <br />UNIFORMC't►VFNkNIS Borrower and Lender cmenant and agreeasfollow%: <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the pnncipal of and interest on the debt evidenced by the Note and anN prepaymcnt and late charges due the Note. <br />under <br />2. Funds 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 Note, <br />the 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 <br />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 of verifying the escrow items. unless <br />Lender pays Borrower interest on the Funds and applicable law Lender <br />permits to cnrake 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 />in:texest <br />requires to be period. Lender shall not be required to pay Borrower any interesp, or earnings on the Fund&. Lender <br />shall shy to Borrower. *tthout chaTge, an annual accounting of the Funds showing credits and debits to the Funds and the <br />lrtatpose for which each dek*it 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 ttems when due, the excess shall be. <br />at Borrowers option, either promptly repaid to Borrower or credited to Horrower 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 requaz...d by Lender. <br />Upon payment iii full of all sums secured by this Security lnstrumcai2 <br />, tender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Propene is sold or zcqw.red by Lender. Lender shall apply, no later <br />than immediately prior to the sale of the Property or its acqui %ition by Lc <br />der, any Funds held by Lender at the time of <br />application asa credit against thesums 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 <br />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. W, principal due. <br />4. Clara; Liens. Borrower shall pay all taxes, assessments. charges, fine's and impositions attributable to the <br />Property wNch may attain priority. over this Security Instrument, leasehold <br />and payments or ground rents, if any. <br />Borrower shag pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall <br />pay them on time directi,;y 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 <br />these payments directly, Borrower shall promptly furnish to Lender <br />receipts evident ng the payments. <br />a Borrower Shall nmmntly d tisrae eery I.... ~.' suet u%.9 Nrsot —ity over this Security instrument unless Borrower: (a) <br />Bras in writing to the payment of the obligation secured by the lien in a tr^� wner acceptable to Lender; (b) contests in <br />faith <br />F _y <br />good <br />the lien by, or defends against enforcement of the lien in, legal prv�edings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of an y part cf the Property; or (c) secures from the holder of the lien <br />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 <br />= <br />notice identifying the lien. Borrower 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 Insurance. Borrower shall keep the improvements now etisting or hereafter erected on the Property <br />insured against loss by fire, hazards included within the terra "extended coverage" and any other hazards for which Lender <br />requires insurance. This 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 />unreasonably withheld. <br />i <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 <br />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 notice to the insurance <br />-s <br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance <br />proceeds shall be applied to restoration of repair <br />of the Property damaged, if the restoration or repair is economi ally "feasible and Lender's security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's se+rci.rity; mould be lessened, the insurance proceeds shall be <br />applied to the storms secured by this Security Instrument. wi-Let her car .rtot then due, with any excess to Borrower. If <br />paid <br />Borrower abandons the Property, or does not answer. within 30 dais a rotEce from Lender that the insurance carrier has <br />ollered to settle a claim. there Lender may collect the.insurance <br />proceeds,- L. der may use the proceeds to repair or restore <br />the. Property or to pay stems secured by this Security Instrument, whether of 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 principal shall not extend or <br />postpone the due date of the monthly payments referred in <br />to paragraphs 1 and 2 or change the amount of the payments. If <br />under paragraph 19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Properly prior to the acquisition <br />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 Properly; Leaseholds. Borrower shall not destroy. damage or substantially <br />change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument leasehold. <br />, <br />is on a <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 in <br />merger writing. <br />7. Protection of Lender's 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 <br />proceeding that may significantly affect <br />Lender's rights in the Property (ouch as a proceeding in bankruptcy, probate. for condemnation or to enforce laws or <br />regulations), then Lender may do and for whatever <br />pay is necessary to protect the value of the Property and Lender's rights <br />L 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 <br />pirt <br />attorneys' fees and entenng 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 Harrower secured by this <br />Security instrument. Unless Borrower and Lender agree to <br />r.. <br />� <br />other terms of pay ment, these amount; 4iall hear interest from <br />the date of disbursement at the Note rate and %hall he paVahlr- v.ith interest. upon nom:r from I ender io &urower <br />requesting payment <br />i, <br />J <br />