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r <br />L <br />I <br />I <br />89-. 103629 <br />UNIFORM C:OVkNAN IS Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and interest; Prepayment and lane 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 Niue. <br />2. Funds for Taxes and Insurance. Subject to applicable law or ton written waiver by lender, Borrower shall pay <br />to Lender on the day monthly payrents 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 />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 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 />s;Wdi gl►r. ;r. ° :.. :..::: :. :.:::::.w; 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 stall 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 full 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 />application as a credit against the sums 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 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% Charges; 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 shrill: <br />; <br />pay them on time directly to the person owed payment. Borrower shrill promptly furnish to Lender all notices of amourat,�; <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 has priority over this Security Instrument unless Borrower: (a) <br />agre*~s in arming ter the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in gaol <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 />agrcancrri satisi°aciuty io Leadcr .ubuidinuiing cite lien iu ibis Sccuriiy 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 a <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 existing or hereafter erected on the Property <br />insund,against loss by fire. hazards included within the term "extended coverage" and any other hazards for which Lender <br />twit 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 />uhreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lcw&e shall have the right to !told the policies and renewals. If lender requires. Borrower shall promptly give to Lender <br />all'rc pts of paid premiums and renewal notices. In the event of loss, Borrower shall give prerript notice to the insurance <br />carrier and Lender. Lender may make proof of loss if not made procnpiav by Borrower. <br />Unless Lender and Borrower othr,,,misse agree in writing, insuPtrice 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 />- <br />restoration or repair is not economically feasible or Lender's security would be tetsened, the insurance proceeds shall be <br />applied to the sums secured by this Security InstrumAmi, whether or not then diie;. with any excess paid to Borrower. If <br />_- <br />Borrower abandons the Property, or does not:.;tmwer within 30 days a notice from Lender that the insurance carrier has, <br />offered to settle a:c1.3im, then Lender may cent fcci the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security instrument, wiief.hcr 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 apphl ation nfproceeds to principal shalt not extend or <br />postpdne 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 is acquired:by Lender. Borrower's right to any insurance policies and proceeds resulting- . <br />from damage to the Property prior to the �a uisition shall pass to Lander to the extent of the sums secured by this Sec:urlty <br />Instrument immediately prior to the acquisition. <br />6. Preservation and 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 comply Kith the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and <br />• -- - <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />' <br />7. Protection of Lender's Rights is the Property: Mortgage Insurance. if Rnrrow•er fails to perform the <br />covenants and agr --rrw .'s contained in this Security Instrument, or there is a legal proceeding that may Significantly afrect <br />Lender's rights in the Property (such as a proceeding in bankruptcy. probate. for condemnation or to enforce law% or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />' <br />in the Property. Lendtr's actions may include paying any sums secured by a lien uhtch has pruiri1% ever thi% Security <br />Instrument, appearing to court, paying reasonable attorneys' fees and entering on the Property to tnel.c repairs Although <br />Lender may take action under this paragraph 7. Lender does not have to do so <br />Any amounts dteburwd by lender under ibis paragraph shall hecnrne addilumal debt,,?. ftrr ro -Acs %ecurcd by this <br />Security instrument Unless Borrower and 1 ender agree 1n other terni%of paLnicut. {hr %e .tnr uitt %shall I%ear iniere.t from <br />the date of diNhurwincist at the `site rate and %hail he p.t }.thin. with interest, up on non-c from I ender to Horr,met <br />requmins payment <br />