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" T <br />W1 <br />89-.. 103239 <br />UNiR)RM COVFNANTS Borrower and Lender covenant and agree as follows: <br />I. Paytneat of Principal and Interest; 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 late <br />prepayment and charges due under the Note. <br />2. Funds for Tax" and Insurance. Subject to applicable law or ton written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments are dut under the Note, Note ") <br />until the 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) yewly <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 />beeb 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 make such a charge. Borrower and <br />Leader 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 shalt 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 the escrow items due. <br />pay when Borrower shall, pay to• Lender any <br />amount necessary to matte 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. tar Borrower <br />any Funds held by Lender. If under para"ph 19 the Property is sold or acgvked. 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 />application as a credit against the sumsecured by this Security Instrument. <br />3, Applieatloa of Payints. ' 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 pritccipsal due. <br />4• C%arm Llaw Borrower shall pay all taxes, assessments. charges, fines and impositions attributabQe to the <br />Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. <br />' <br />SaTower 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 furnish Lender <br />promptly to alt ipotit:es 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 />} -~ <br />- <br />Borrower shall promptly discharge any lien which has priority over this Security InauumA_ri*_. unless Borrower <br />- <br />- <br />w • Stutz sv sire ptneti <br />y of Met: �b[irgatioe secured by the lien in a manner acc eptsblc tof Leader;, (b) contests in good <br />faith the lien by. or defends against edoacement of the lien in, kgal proceedings which its the Lender's opinion operate to <br />prevent the enforcement of the lien QP foo-feiture of my p~st of the .. <br />Property; or (c) sc:.dTc, from the I4vcaea'.of the lire an <br />agreement satisfactory to Lender subotdinating the lien to this Security Instrument. If Lender determinestha3 a of <br />- - <br />part <br />the Property is subject to alien which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy t he li".en or take one or more of the actions set forth above within 10 days <br />ofthe giving of notice. <br />S. Hazard Insurance. '-Borrower shall keep the improve' ents tiow'e ds€ing or hereafter erected on the Property <br />insured against loss by fire, *anids irichided within the term "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 ,itrsuirahce shall be chosen by Borrower subject to Lender's <br />unreasonably withheld. approval which shall not be <br />All insurance polides'and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Larder shall halm the right to hold the Wlicies and renewals. If Lender requires, Borr4wea <br />shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower 4W, g"Lvip prompt notice to the insurance <br />.'' <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 />;as: <br />1 <br />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 Instruttiern. whether <br />or 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 insurance carrier has <br />08erod to settle a claim, then Lender may collect the insurance <br />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 principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the alnount <br />of the payments. If <br />under paragraph 19 the Property is acquired by Lender. Boffowees right to any insurance policies and proceeds resulting <br />n <br />from damage to the Property prior to the acquisition shall to Lender <br />pass to the extent the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />f. Prewwation and Maintenance of properly, Leaseholds. Borrower shall not destroy. damage or substantially, <br />change the Property, allow the Property to deteriorate <br />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 Properly, 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 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 />Lender's <br />rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or <br />regulations). then Lender may do and pay for whatever is necessary to <br />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 rasnnable <br />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 Instrument. Unless Borrow& and Lender agree to <br />other terms of payment, these amounts shall bear interest from <br />the date of disbursement at the Note rate and shall be payable, with intcrc;t, upon notice from Lender to Borrower <br />requesting <br />tLs <br />payment. r <br />lr` <br />W1 <br />