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r <br />L <br />1 <br />89�- 103939 <br />UNIFORM C(I-VFN %N i% Rt)i %ver and Leader covenant and agree its follow,: <br />1. Payment of Principal and Interest, Prepayment and Late Charges. Borroeer shall promptly pay when dltc <br />the principal ofand interest on the debt evidentaed by the Note and any prepayment and late: charges due under the Note. <br />2. Fumb for Taxes avid Insurance. Subject to applicable law or to a written waiter by Lender, Borrower shall pay <br />to Lender on the day nionthiy payments are due wtdt:r the Note, until the Note is paid in full, it sum ( "Funds ") equal 10.71 <br />one - twelfth of (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rent-: 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 1% such an institution). Lender shall apply the Funds to pay the escrow items. <br />Leader inay 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 />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 shall 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. ii.'under paragraph 19 the PWperty is sold or acquired by Lender. Lender shall apply. no later <br />than immediately prior to 1h 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. Unlem applicable law provides otherwise, all payments received by Lender under <br />paragraphs 1 and 2 shall be applied:.first« tp 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 Mast, to principal due. <br />4. Ciargh; Liens.. Edmwer shall pay all taxes, assessments, charges, fines and impositions attributable to the <br />Property which may attain' p4i rtyy.m!er this Security Instrument, and leasehold pa)meats or ground rents, if any. <br />Borrower shall pay these obligatigns ifs. the manner provided in panWraph 2, or if not paid in that manner. Borrower shall <br />pay them on time directly to the Om n- payment. Borrower shall promptly furnish to bender all notices of amounts <br />to be paid under this para#*p111. If Borrower makes .these payments directly. Borrower shall promptly: furnish to 1,4 �ndcr <br />receipts evidencing the payments. <br />Borrower shall prorriod� discharge any lien which has priority over this Security Instrument sinless Borrower: (a) <br />agrM in writing to the payment ot'the obligation secured by the lid.tr, in a manner acceptable fo Lender; (b) contests in good <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 />agreement satisfactory to L.e7Wer subordinating the iirn to this Security Instrument. It Lender determines that any part of <br />the Property is subject to a lien which may attain priority over this Security Instrument lzrtder may give Borrower a <br />notice identifying the lien. Borrower shall: satisfy the lien or take one or more of the actions. se, forth above within 10 days <br />of the giving of notice. <br />S. Hazard Insurance. Borrower shall keep 1.he improvements now existing or hereafter erected on the Property <br />insiirrtd against foss by fire, hazards included within the terrh "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 carries providing the insurance shall be cliosen by Bgmrower subject to Lender's approval which shall not be <br />unreasonably withheld. <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 t: mewals. If Lender requi m,. Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal. notices. Irt ibe event of loss, Borrower shalt give prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss'iftxot made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or N-pair <br />of the Property damaged, if the restoration or repair -pq economically feasible and Lender's security is not lessened. If he <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 Instsumimt, whether or not then due, with any excess paid to Borrower: It <br />Borrower abandons the Property. or does not ansv.e t within 30 days a notice from Lender that the insurance carriw has <br />offered to settle a claim, then Lender may coffmt the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this. Secunly 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 isr 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 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 acquisition 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 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 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 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 t, a legal proceeding that may 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 may do and pay for whatever is necessary to protect the salue of the Property and Lender', rights <br />in the Property. Lenders actions may include paying any sums secured b% a lien tthtch has priority Deer the, Security <br />Instrument. appearing in court, paying reasonable attorneys fees and entering. on the Property to make repair% Although <br />Lender may take action under this paragraph 7, lender does not hate to do w. <br />Any amounts disbursed by Lender under this paragraph 7 shall he. orne additional debt of Horrottet so. urcd h% rhi, <br />Security instrument. Lidless i%rrower and Lender agree to other term~ of pat munt. thc,c anwtint%,hall bear rntere,t from <br />the date of disbursement at the Note rate and ,hail he parable. ctith entercki. upon not:ec frt,nr l racer r.• Bornoac•r <br />requeming payment <br />7 <br />ti <br />r <br />r <br />te.• <br />