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<br />I <br /> <br />r <br /> <br />UNIFORM COVENANTS, Borrowerand Lender covenant and agree as follows: 87- 10721 2 <br />1. Payment of Principal and Iqterest; Prepayment and Late Charges. Borrower shall promptly pay ~en 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. FU,nds 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 />o,ne'twelfth of: (a) yearly laxes and assessments which may attain priority over this Security Instrument: (b) yearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums: and (d) yearly <br />mongage 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 offuture escrow items. <br />The Funds shall be held in an institution the deposits or accounts ()fwhichare insured or guaranteed by a federal or <br />stale agency (including Lender if Lender is such an instilution). Lender shall apply the Funds to pay the escrow ilems. <br />Lender may not charge for holding and applying Ihe 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. Borro\\'er 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 eamings 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 c.-edited 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 Securily InSlrumenl, Lender shall promptly refund 10 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 Propeny 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 othen\'ise. all payments received by 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 amounts payable under paragraph 2; founh, to interest due; and 13..\t, to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments. charges. fines and impositions attributable to the <br />Propeny 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, l\r if not paid in that manner, Borrower shall <br />pay them on time directly to the person owed paymen!. Borrower shall promptl~' furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments dir~'Ctly. Borrower shall promptly fumish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority OWl' this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner a~'CCptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal procC\.'tIings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any pan of the Propeny; (lr (c) secures from the holder of the lien :1Il <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan of <br />the Propeny is subject to a lien which may allain priority over this Security Instrument, lender may g!\'e 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 notice. <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 ternl "extended coverage" and an)' 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 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 g!\'e prompt notice to the insuranl'e <br />c;arrier and Lender. Lender may make proof ofloss ifnot made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applil'tlto restoration or repair <br />of the Propeny 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 Propeny, or does not answer "ithin 30 days a notice from lender that the insurance carrier has <br />offerCd to sellle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Propeny 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 othen\'ise agree in writing, any application of proceeds to principal shall not extend or <br />postpQne the due date of the monthly payments referred to in paragraphs I 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 Propeny prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument immediateI)' 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 Propeny to deteriorate or commit waste. If this Security Instrument is on a leasehold, <br />Borrower shall com pi)' 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 t,o pcrfornl the <br />covenants and agreements contained in this Securily Instrument, or there is a legal pnxeeding that may significantly alr~'Ct <br />Lender's rights in the Propeny (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 protectlhe value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this S~'Curity <br />Instrument, appearing in court, paying reasonable attorneys' fees and entering on the l'ropert)'>to make repairs. Although <br />Lender may take action under this paragraph 7, Lender does nol have to do so, <br />Any amounts disbursed by Lender under this paragraph 7 shall become additionalllebt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of paymelll. these amounts shall bear illlerest fwm <br />the date of disbursement al the Note rate and shall be payable. wilh interest. upon notice fwm Lender 10 Borrower <br />requestirig paymen!. <br /> <br />l <br /> <br />l <br /> <br /> <br /> <br />,.--;---- <br /> <br />~. <br /> <br /> <br />-.J. <br />