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r <br />L <br />UNIFORM COUNA \Ts Borrower and Lender covenant and agree as follow s: 09� �041-42 <br />1, Paymm of Principal and Interest; Prepayment and Late Charges, Borrower %hall promly pay when due <br />the principal of ant interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. Funds fer Taxes and Insurance. Subject to applicable la%% or to a written waiver by Lender, Borrower shall pay <br />to Lender oat the tray monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") equal to <br />one- twelft of. (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payasrews or ground rents on the Property, if any; (c) yearly hazard., Ovurance premiums; and (d) ycarlc <br />rxortgazo. insurance premiums, if any. These items are called "escrow items." Lenzlc.f tnay estimate the Funds due can the <br />lt�is�ft evrtettt data and reasonable estimates of future escrow items. <br />T>;,e Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a fr weval of <br />state a,gd .;+ (including Lender if Lender is such an institutioO. Lender shall apply the Funds to pay the escrow items. <br />Lender way iyat charge for holdinS. and applying the Funds, analyzing the account or verifying the escrow items, unless <br />Lender pays Bormwer interest on the Funds and applicable law permits Lender to make such a charge. Borrower and <br />Lender mays agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires in wrest to be paid, Lender shall not he required to pay Borrower any interest or earnings on the Funds. Lender <br />shall give tQ 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 bc, <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 Fund:i 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 shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />, <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 />i. <br />agrees in writing to the payment of the obligation secured by the Iien in a manner acceptable to Lender, (b) contests to 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 />: <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 />agreenzeni satisfaetury to Lender subordinating the Iien to this Security Instrument. If Lender determines that any part of <br />_R= <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 notices <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included 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 />— <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 shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender 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 />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurarree proceeds shall be applied to restoration oi• repair <br />;. <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 Instrument – whether 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 />offered to settle a claim, then Lender may collect the insurance 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 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 />=_ <br />tree title shall not merge unless Lender agrees to the merger in writing. <br />• . %. Protection of Lender's Rights in t1re' Pr ©peaty; ;Mortgage Insurance. If Borrower fails to perform the <br />coveaa.nfxand agreements contained in this Security I.nstv::nent. or there is a legal proceeding that ma-- significantly affect <br />Lendcr's:Qights in the Property (such as a proceeding in bankruptcy. probate, for condemnaticru'cr ro cnfcrce laws to r <br />, <br />regulatiohs), then Lender may do and pay for whatever is necessary to protect the value of the Prcpestw and'Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has pr. lri' y this Security <br />Instrument, appearing in court, paying reasonable 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 Borrower and Lender agree to other terms of payment, these amounts shall bear interest from�� <br />the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower <br />tt, <br />requesting payment. <br />l <br />