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r <br />L <br />1 <br />.., 105809 <br />UNIVORM COVENANT~ Borrower and Lender covenant and agree as follow%; <br />1. Payment 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 prepayment and late charges due under the Note. <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 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 chi% 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 ofcurrent 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 lair 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 additimial 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 p6or to <br />the due dates of the escrow items, shall exceed the Amount required to pay the escrow items when due. the excess stud be, <br />w .Borrower's option, either promptly repaid! to Do-rower or credited to Borrower on monthly payments of Funds. If the <br />amount of tlhe Funds held by Lender is not sufiicien 1:1 o pay the escrow items when due, Borrower shall pay to Lender any <br />amount nemsary 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 Lewkr, 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 I and 2 shall be applied: firm, 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. CUrges; Liens. borrower shall pay a44 taxes, assessments, charges, tines and impositions attributable to the <br />Property which may attain priority.over this Stcu•rity Instrument, and Iea.%ehold payments or gIrOund rents, if any. <br />Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, BorrONW T shall <br />pay them an time directly to the per-wo , awed payment. Borrower shall promptly furnish to Lender all notices of arnoantc <br />to be paid under this paragraph. If Bortmwer makes these payments directly. Borrower shall promptly furnish to Lender <br />receipts evidencing the payrntnts. <br />Borrower shall proraaptly discharge any lien which has prionty over this Security Instrument unless Borrower; lap <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faith the lien bar. or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion ape ram to <br />prevent the enforcement of the lien or forfeiture of anv part of the Property; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />t: Property is subject to a lien which may attain priority over this Secunct. Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more -4 the actions set forth atmve within 10 days <br />of the giving of notice. <br />S. Hno rd Insurance. Borrower shall keep the improvements now txi%ting or hereafter erected on the Property <br />ii- tsured against loss by fire, hazards included within the term "extended ca►ecage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amounts ate;: for the periods that L,,:nder 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 />All insurance policies and renewals shall be acceptable to Lender and %hall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If lender requires. Borrower shall prornpily give to Lender <br />all receipts of paid preriniums and renewal notice%. lei the event of loss. Borrower shall give prompt nonhve to the insurance <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 proceeds shall he applied to restoration or repair <br />of the Property damaged, if the restoration or repair I% economically feasible and Lender's security is not lessened. If the <br />trstoration or repair is not economically feasible or Lender's %munh would be lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument. whether or not then due, with any execs% pied to Ikirrower. If <br />Borrower abandons the Property, or does not answer within ;0 dr)% a nonce from Lender that the insurance earner has <br />offered to settle a claim, then Lender may collect the insurance p rtweeds. Lender may use the proceeds to repair yr restore <br />the Property or to tiay %unis %%cured by this Secunty Instrument., whether or not then due. The 1"ay period pips begin <br />when the notice is given. <br />Unless Lenderand Borrower otherwi%e agree to wnting. am apri aarun of rnkeed% to principal shall mot extend or <br />postpone the due date of the monthly payments referred to in paragraph% 1 and 2 er change the amount of the payments. If <br />under paragraph 19 the Property is acquired by Lender. Borrower's right to any insurance r+olicies and Proceeds resuUma <br />from damage to the ;Property pnor to the acquisition %hall pas -w Lender to the extent of the sum% secured by this Seeurity <br />Instrument immediately prior to the acquisition <br />6. Preservation and lNtslatenance of Property; LeasehoWs, liolrrmer %hall not de%i ray, damage or %uhstantiali) <br />change the Property. allow the Property to detenorate or commit wa%te If this Security Instrument i% on a leasehold. <br />Bitrower shall comply with the provisions of the lease. and if Borrower ucyuire% fee rule io the Property. the leasehold and <br />fee tole shall not merge unless Lender agrees to the merger rat w r. rang <br />7. Protective of Leader's RiRlits is are Property; %torttaaRe Insurance. If Ikirrmwer fail% to perform the <br />covenants and agreements contained in thn Securir) Instrument, or there t% a legal proceeding that mat, significantly of ect <br />Lender's rights in the Property (such a% a prdteedmg in hankruptc). prrdhaie. for .underniiatum or r„ enli•rce lac% or <br />rtgula iron . then Lender may doand pay for whutecer i%airee%sar) to pr.btect the •ague �,f the Property and 1 en%trr'% right% <br />m the Prupen) Lender's actions may include pu)ing an>. %urn% wcured Ihr..t acrt wPu.h ha% prionty liter rhd,4 Security <br />Instrument, appearing in coun, paying reasonable attorney; fev%and enrering on the Prolierty to make repair% Although <br />Leader may take action under third paragraph ', t ender dixh not ha%c tv d. , %.l <br />Any amounts disbursed by i ender under chi% paragraph 7 %hall K%oiac additional deft of Mirtuwer %reured h% till% <br />Security Instrument Unlcs% Borrower and I ender agree to mher tram of ra%nient, thc%r :drurunt% %hall twat uitru• %t trwPt <br />the date of disburscmrnt at the Now rate and %hall hr payable. with uUrtem. upon in,ii.r itom I ruder to li,,rrmwri <br />requesting payment <br />7 <br />1t ali. <br />H <br />n <br />