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99 11125� <br /> LOAN ��: 0895391 <br /> TOGETI�R WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and <br /> fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. <br /> All of the foregoing is referred to in this Security Instrument as the"Property." <br /> BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and <br /> convey the Property and that the Property is unencumbered,except for encumbrances of record.Borrower warrants and will defend <br /> generally the tide to the Property against all claims and demands,subject to any encumbrances of record. <br /> THIS SECURIT'Y INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited <br /> variations by jurisdiction to constitute a uniform security instrument covering real property. <br /> iJNIFORM COVENANTS.Bonower and Lender covenant and agree as follows: <br /> l. Payment of Principal and Interest; Prepayment and Late Charges. Bonower shall prompfly pay when due the <br /> 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 to <br /> Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes <br /> and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or <br /> ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if <br /> any; (e) yearly mortgage insurance premiums, if any; and (� any sums payable by Borrower to Lender, in accordance with the <br /> provisions of pazagraph 8,in lieu of the payment of mortgage insurance premiums.These items are called "Escrow Items." Lender <br /> may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage <br /> loan may require for Borrower's escrow account under the federal Real Estate Setdement Procedures Act of 1974 as amended from <br /> time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, <br /> Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount.Lender may estimate the amount of <br /> Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance <br /> with applicable law. <br /> The Funds shall be held in an institution whose deposits aze inswed by a federal agency, instrumentality,or entity (including <br /> Lender,if Lender is such an institution)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items. <br /> Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the <br /> Escrow Items, unless Lender pays Bonower interest on the Funds and applicable law permits Lender to make such a chazge. <br /> However, Lender may require Borrower to pay a one-time charge for an independent real estate ta�c reporting service used by <br /> Lender in connection with this loan, unless applicable law provides otherwise. 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. Bonower and <br /> Lender may agree in writing, however, that interest shall be paid on the Funds.Lender shall give to Borrower, without charge,an <br /> annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was <br /> made.The Funds are pledged as additional security for all sums secured by this Security Instrument. <br /> If the Funds held by L.ender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for <br /> the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is <br /> not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing,and, in such case Bonower shall pay <br /> to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in no more than twelve monthly <br /> payments,at Lender's sole discretion. <br /> Upon payment in full of all sums secured by this Security Inswment,Lender shall promptly refund to Bonower any Funds <br /> held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the <br /> Property, shall apply any Funds held by I.ender at the time of acquisition or sale as a credit against the sums secured by this <br /> Security Instrument. <br /> 3.Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 <br /> and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, <br /> to interest due;fourth,to principal due;and last,to any late charges due under the Note. <br /> 4. Charges; Liens. Bonower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property <br /> which may attain priority over this Security Instrument,and leasehold payments or ground rents, if any. Bonower shall pay these <br /> obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time direcdy to the <br /> person owed payment. Borrower shall prompdy furnish to Lender all notices of amounts to be paid under this paragraph. If <br /> Bonower makes these payments d'uecdy,Bonower shall prompdy furnish to I.ender receipts evidencing the payments. <br /> Bonower shall prompdy dischazge any lien which has priority over this Security Instrument unless Bonower: (a) agrees in <br /> writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien by, <br /> or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement <br /> of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security <br /> Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security <br /> Instrument, Lender may give Borrower a notice identifying the lien. Bonower shall satisfy the lien or take one or more of the <br /> actions set forth above within 10 days of the giving of notice. <br /> 5.Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br /> insured against loss by fire, hazazds included within the term "extended coverage" and any other hazards, including floods or <br /> flooding, for which Lender requires insurance. Tfiis insurance shall be maintained in the amounts and for the periods that Lender <br /> requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not <br /> be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain <br /> coverage to protect Lender's rights in the Property in accordance with paragraph 7. <br /> All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall <br /> have the right to hold the policies and renewals. If I.ender requires, Borrower shall promptly give to Lender all receipts of paid <br /> premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender <br /> may make proof of loss if not made prompdy by Borrower. <br /> � <br /> Initials <br /> �-6H(NE) �saot).o3 CHL(01/98) Page z of s F rm 3028 9/90 <br /> i <br /> � <br />