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<br /> <br />87-- 10'7255 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment or Principal alld IlIterat; PreiAlymelll and Late Chraes. Borrower shall promptly 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 />Z. FlIlld, ror Toes alld 11I11IrallCe. 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") equal to one- <br />twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold <br />payments or ground rents on the Property, If any; (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 of current data <br />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 aaency (including Lender If Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender <br />may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays <br />Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in <br />writing that Interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without <br />charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to <br />the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. <br />If the amount of the Funds held by lender, together with the future monthly payments of Funds payable prior to the <br />oue 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 or credited on monthly payments of Funds. If the amount of the <br />Funds held by lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount <br />necessary to make up the defiCiency in one or more payments as required bv 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 acquired by Lender, lender shall apply, no later than <br />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. AppUcatlon or Payments, Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first, 10 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 />... Charaesj LIens. Borrower shall pay all taxes, assessments, charges, fines and impositions allributable to the <br />Property which may allain priority over this SecurilY Instrument, and leasehold payments or ground rents, if any. Borrower <br />shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on <br />time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under <br />this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the <br />payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees <br />in writing to the payment of the obligation ~ecured by the lien in a manner acceptable to Lender; (b) contests in good faith <br />the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent <br />the enforcement of the lien of forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement <br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is <br />subject to a lien which may allain priority over this Security Instrument, lender may give Borrower a notice identifying the <br />lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. <br /> <br />5. Huard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />apinst loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires <br />insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier <br />provldlnl the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to lender and shall include a standard mortgage clause. Lender <br />shall have the rl,hl to hold the policies and renewals. If Lender requires, Borrower shall promptly 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. Lender may make proof of loss if not made promptly by Borrower. <br />Unless l.ender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of <br />the Property damaged, if lhe resloration or repair is economically feasible and lender's security is not lessened. If the <br />restoration or repair is nol economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br />applied to lhe sum 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 when <br />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 lhe monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If <br />under paraaraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damaae to the Property prior to the acquisition shall pass to lender to lhe exlent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Presenalloll and Maintenance or Property; Leaseholds. Borrower shall not destroy, damage or substantially change <br />the Property, allow the Property to deteriorate or commit waste. If this Security Instrumenl is on a leasehold, Borrower shall <br />comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not <br />merge unless Lender aarees to the merger in writing. <br />7. ProtectJon of Lender', R1,hls In the Property; Mort.a,e Insurance. If Borrower fails to perform the cove'lants and <br />qreements conlained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in <br />the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then lender <br />may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's <br />actions may include paying any sums secured by a lien which has priority over this,..Security Instrument, appearing in court, <br />paylnl reasonable attorney's fees and cnlering on the Property to ma~e tep~\rh Although Lender may take action under this <br />parqraph 7 Lender does not have to do so. Any amounts disbur'sed by Lender under lhis paragraph 7 shall become <br />additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of <br />payment, these amounts shall bear interest from lhe date of disbursement at the Note rate and shall be payable, wilh inlerest, <br />upon notice from Lender 10 Borrower requesling payment. <br /> <br /> <br />;f1 <br />I <br />.~ <br />I"'- <br />:g <br /> <br />.., <br /> <br />~: <br /> <br />..- <br /> <br />~ <br />