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<br />I <br /> <br />I <br /> <br />UNifORM COVENANTS. Burrower and Lender wvenant and agree as follows: 81-107154 <br /> <br />1. Payment of Principal and Interest; Prepayment and Late Charges, Borrower shall promptly pay when due the <br />principal of and interest on the debt evidenced by the Note and any prepa}'ment 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 munthly payments are due under the Note, until the Nute is paid in full, a sum ('Funds") equal to <br />one-twelfth uf: (a) yearly taxes and assessments which may attain priurity over this Security Instrument; (b) yearly leasehuld <br />payments or ground rents un the Property, if ,my; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance <br />premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis ufcurrent data and <br />reasonable estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or a(wunts of which are insured or guaranteed by a federal or <br />state agency (including Lender if Lender is such an inst icution). Lender shall apply the Funds to pay the escrow items. Lender <br />may not charge for holding and applying the Funds, analyzing the account ur verifying the escrow items, unless Lender pays <br />Burrower interest un the Funds and applicable law permits Lender to make such a charge. Borrower and Lender mily agree in <br />writing that interest shall be paid un the Funds. Unless an agreement is made or applicable law requires interesno be paid, <br />Lender shall nut be required to pay Burrower any interest ur earnings on the Funds. Lender shall give to Borrower, without <br />charge, an annual accounting of the Funds shuwing credits and debits to the Funds and the purpose fur which each debit to the <br />Funds was made. The Funds are pledged as additiunal security for the sums secured by this Security Instrument. <br />If the amount of rhe Funds held by Lender, together with the future monthly payments of Funds payable prior to the <br />due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at <br />Borrower's option, either promptly repaid to Borrower ur credited to Borrower on munthly pa}'ments of Funds. If the <br />amuunt of the Funds held by Lender is nut sufficient to pay the escrow items when due. Borrower shall pay to Lender any <br />amount necessary 10 make up the deficient)' in one or more pa}'ments as required by Lender. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any <br />funds held by Lender. If under paragraph 19 the Property is sold or ac.quired by Lender, Lender shall apply, no later than <br />immediatel}' prior to the sale uf the Property or its acquisition hy Lender. .IllY Funds held by Lender at the time of application <br />as a credit against the sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise. all payments received b}' Lender under <br />paragraphs I and 2 shall be applied: first. to late charges due under the Note; second, to prepayment charges due under the <br />Note; third, to amuunts payable under paragraph 2; fourth. to Intc'rest due; and last, to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, dlJrges, fines and impositions attributable to the <br />Property which may attain priority over this Security Instrument. and leasehold payments or ground rents, if any. Borrower <br />shall pay these ubligations in the manner provided in paragraph 2. or if not paid in that manner. Borrower shall pa}' them on <br />time directly to the person owed payment. Borrowc'r sllJlI promptl}. furnish to Lender all notices of amounts tll be paid under <br />this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing <br />the payments. <br />Borrower shall promptl}. discharge an}' lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable tll LeOller; \b) contests in good <br />faith the lien by. or defends against enforcement of the lien in, legal proceedings which in thl' Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Property; or (e) secures from the holder of the lien an <br />agreement satisfaClory to Lender subordinating the lien to this Security Instrument. If Lender dell'rmllles that .1IIY p.trt of the <br />Property is subject to a lien which may attain priority ovcr this Sewrit)' Instrument. Lender nu)' give Borrower a notice <br />identifying the lien. Borrower shall satisf}' the lien or take one or more of the aClions set forth above within 10 days of the <br />giving of notice. <br />5. Hazard Insut'ance. Borrower shall keep the improvements now existing or herl'after erected on the Property <br />insured against loss by fire, hazards included within the term .'extended cm'erage" and an)' other h.lZards for which Lender <br />requires insurance, This insurance shall be maintained in the amounts and for the periods that l.ender requires. The <br />insurance carriet providing the insurance shall be chosen by Borrower subject to Lender's approv,t1 which shall nlll be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acc'eptable to l.ender and shall include a standard mortgage clause. Lender <br />shall have the right to hold the policies and renewals. If Lender requires, Borrower shall prumptl)' give to Lender all receipts <br />of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and <br />Lender. l.ender may make proof of loss if not made promptl}' b)' Borrower <br />Unless l.ender and Burrower otherwise agree in writing. IIIsurance proceeds shall be .Ipplied to restoration or repair <br />of the Property damaged, if the restoration or repair is economically fC'.tsible and Lender's sl'Curity is not lessened. If the <br />restoration or repair is not economicall}' feasible or Lender's security would be lessem:d. the insurance proceeds shall be <br />applied to the sums secured b}' this Security Instrument, whethc'r or not IIll'lI due. with any excess paid to Borrower. If <br />Borrower abandons the Property. or does not answer wllhin ,0 d.l)'S a notice from Lender that the insurance carrier has <br />offered 10 settle a claim, then Lender may collect the insurance proceeds Lender ma)' use the proceeds to repair or restore IIll' <br />Property or to pay sums secured by this Security Instrument. wlwthl"! or not then due. The' 'O-day period will bt'gin when till' <br />notice is given. <br />Unless Lender and Borrower otherwise awee III wfllIng. .111)' applic.nion of proceeds to pflnopal shall not extc'lhlor <br />postpone the due date of the monthly payments rcferrc-u to In paragraphs I ,Illd 2 or change the am,Hlnt of the payml'nts If <br />under paragraph 19 the Property is acqUIred by Lender, Borrowc'r's fig III III an)' insurance policies .1IId proceeds resultlllg <br />from damage to the Propert}' prior to the acquisition shall pass III Lender to the extent of the sums securc'd by this Secufll}' <br />Instrument immediatel}' prior to the acqUlsllion. <br />6. Preservation and Maintenance of Property; Leaseholds, Borrower shall not destroy. damage' or subst.lIIl1ally <br />change the Property, allow the Property to deteriorate or commit waste. If thIS Securit}' Instrument is on .1 lelsdlllld. <br />Borrower shall comply with the provisions of the lease, and if Borrower acquires fel' mle to thl' Property, tll(' It'asdlllld ,lIId <br />fee title shall not merge unless Lender agrees to the merger in wflling. <br />7. Protection of Lender's Rights in the Property; Mortgage Insurance, If Borrowl'l Luis III perform the covenants <br />and agreements contained in this Security Instrument, or there is a legal proceeding that may siglllflC.llllly affect Lender's <br />rights in the Propert}' (such as a proceeding in bankruptcy, probate, for ollldemnation or III enforce I,IWS or regulations I, then <br />Lender mal' do and pay for whatever is necessary to protect the value of the Property and Lender's fights III the Property. <br />Lender's .lCtions mal' include paying any sums securc.d by a lien which ha, prioflty m'c'r thIS SecufllY Instrument. appearing in <br />COUrt, paying reasonable attorneys' Ices and ellleting on the Property to make repairs, Although Lender may take action <br />under this paragraph 7. Lender does not have III do so, <br />Any amounts ,lIsbursed by Lender under tillS paragraph 7 shall becomc .lddlllllll.ll debt of Ilormwl'f ,ecure'd h)' 11m <br />Sccurity Insllumem. Unless Borrower and Lender agree lOOlht'r II'rm' 01 payment, thne .Imllllm, ,h.dl hC',ll .mere,t from <br />the date ol,lisburscment at the NOle rate and shall be payablc, wll h 1I11I'rest, upon not IlC' froml.c'uder to 111',,0\\ C'f 1t"luc"t mg <br />pa)'lnem. <br /> <br />L <br /> <br /> <br /> <br /> <br />j., <br />, <br />I <br />o;j <br />l'" <br />~ <br /> <br />, <br />~ <br />h. <br />