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<br />I <br /> <br />87- <br /> <br />10'7364 <br /> <br />r- <br /> <br />UNIFORM COVENA:-ITS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />.the principal of and interest on the debt evidenced by the NOle and any prepayment and late charges due under the Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or 10 a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments are due under the NOle. until the Note is paid in full, a sum ("Funds") equal to <br />one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrurnent: (b) yearly <br />leasehold payments or ground rents on the Property. if any: (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage 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 of which are insured or guaranteed by a federal or <br />state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for holding and applying the 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. Borrower 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 earnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds shO\,;ng 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 \l.ith the future monthly payments of Funds payable prior to <br />the due dates of the escrow items, shall e_l(ceed the amount required to pay the escrow items when due, the e.l(cess shall be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly pa}ments 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 '0 Borrower <br />any Funds held by Lender. If l,"der 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 Se<:urity Instrument. <br />J. Application of Payments. Unless applicable law pro,;des otheT\l.ise. all payments recei,'ed by lender under <br />paragraphs I and 2 shall be applied: first, to late charges due under the Note; second, to prepa}ment 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 shaH pay these obligations in the manner prO\ided in paragraph 2, or ifnol paid in that manner, Borrower shall <br />pay them on time directly to the person owed payment. &rl'Ower sball pmmptly furnish to Lender all notices of amounts <br />to be paid under Ihis paragraph. If Borrower makes these payments directly, &rrower shall prompt I}" furnish 10 lender <br />receipts e,idencing the pa)"Illents. <br />Borrower shall promptly discharge any lien which has priority o'-er this Security Instrument unless Borrower: (a) <br />agrees in writing to Ihe payment of the obligation secured by the lien in a manner 3<<qllable to lender.: (b) rontests in good <br />faith tbe lien by, or defends against enforcemenl of tbe lien in.1egaJ proceedings which in the lender's opinion operate to <br />prevent the enforcement of the lien or fotfeiture of 3DY part of tbe Pmperty; or (c) secures fmm the holder of the lien an <br />agreement salisfactory to Lender subordinating the lien to Ihis Security Instrument. If lender determines that any part of <br />the Property is subject to a lien which may attain priorit}" O\'er this Security Instrumenl, lender may gi\'e Borrower a <br />notice identifying the iien. Borrower shall satisfy the lien or take one or more oflhe actions set forth abow \l.ithin 10 da}"S <br />of Ihe gi,ing of notice. <br />S. Hazard Insurance. &rrower shall keep the impflwements now e.~isting or here.iller erected on the Propeny <br />insured against loss b)' fire, hazards included uiihin Ihe term "extended <<we rage'" and any OIher hazard~ for which lender <br />requires insurance. This insurance shall be maintained in the amounts and fOJ: the periods thai lender requires.. The <br />insurance carrier prO\;ding the insurance shall be chosen by Borrower subject to Lenders appro''3I which shall not be <br />unreasonably \l.;thheld. <br />All insurance policies and renewals shall be aoceptable to lender and shall include a slandard I1l(>rtgage cIatL'<e. <br />Lender shall have the right to hold the policies and renewals. If Lender requires.. Borrower shall promptly give 10 Lender <br />all receipts of paid premiums and renewal notices. In Ihe e"ent of loss., Borrower shall giw prompt notice to the insur.m~-.: <br />carrier and Lender. Lender may make proof ofloss if not made promptly by &rrower. <br />Unless Lender and Borrower otheT\l.ise agree in writing, insurance proceeds shall be applied to re:!otor,llion or rep3ir <br />of the Propert}, damaged. if the restoration or repair is economicall}' feasible and Lender's ~urity is oN lessened. If the <br />restoration or repair is not economically feasible or Lender's security would be 1e\,'So(1Ied, the insurance pro..-eeds sh3l1 be <br />applied to the sums secured by this Security Instrument, whether or not then due, with any ex..-ess J"3.id to Borrower, If <br />Borrower abandons tbe Property, or does not answer l\ithin JO da}"S a notice from lender that the insuran~-.: carrier has <br />olTered to settle a claim, then Lender may collect the insurance proceeds, Lender ma}' use the IUo..-eeds to ref'3ir or re:!otore <br />the Property or to pay sums secured by this Security Inslrument, whether or not then due. The .m-day peril>d 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 extcnd ~'r <br />postpone the due date of the monthl~' payments referred to in paragraphs I and .2 or change the amount <'fthe p.;l}TIlenls. If <br />under paragraph 19 the Property is acquired by lender, Borrowers right to any insurance polici<'S and pn>ce...ds re:s.ulting <br />from damage 10 the Property prior to the acquisition shall pass to Lender to the extent ofthe sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Propert).; Leaseholds. Borrower shall nPl de:s.troy. damage or subs:antially <br />change the Propeny. allow the Property to deteriorate or commil waste, If this Security Instrument is l'n a leasehold. <br />Borrower shall comply with the provisions of the leal-e. and if Borrower acquires fe-e title to the Pwperty. the "..asehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7, Protection of Lender's Rights in the Propert).; ~Iortgage Insurance. If Borrow..-r f3lls '" perfornl the <br />co\'enants and agreements contained in Ihis Security Instrument. or there is a legal proceeding that may signiticantly alf~1 <br />Lender's rights in the Property (such as a proCt.'cding in bankruptcy. probate. for condemnation l'r to enfim..... laws or <br />regulations). then Lender may do and pay for whatner is 1lC\.'eSS3ry to protect the valu... ofth...l'roperty and l...nder', rights <br />in the Property. Lender's actions may include paying an}' sums secured by a h...n which has priority ,'wr this St.-.:urity <br />Instrument. appearing in court, paying reasonable attorneys' fees and entering l'n th...l'roperty 10 mak... r"'palf'.. Although <br />Lender may take aclion under this paragraph 7. Lender does not have to do so. <br />An}' amounts disbursed by Lender under this paragraph 7 shall become additIonal d...bl "f B<'rwwer 'e..'ur~'d hy Ihl' <br />Security Instrument. Unless Borrower and Lender agree to other lemlS ofpaymem, Ih...", anll'lInl' ,halll>ear IIIlcr...,1 fwm <br />the date of disbursement al Ihe Note rat... and ,hall be payahle, ,nth mt...r""t. "I,,'n I,,'IK,' fc.'m t...nd...r to B,',c.'\H'r <br />requesting paymenl. <br />If lender reqUITed rnorlgag... msuralll"e as a condilion of makmg Ihe loan Sl-cur,"t.l by Ihl\. S~""lInly Inslrurn...nl. <br />1J0rrow...r ,hall ray the I'rcnllum, "'<jUlred to mamtatn Ihe lIl,ma'K'" III elTcel unlll ,udltlllle a, Ih... r~'q\lln'ml'nt f{lf Ih... <br />in,uralKc It'rIIun,,lc, III an'onlanc... WIth Borrow...r\ and lcndc,\ \Hlllen agr,'cmenl ,Ir "!,phcahk law <br />8. In\pt'ction. Il"IHler or U, agcntlllay makc rea\onahlc ...nlll<" upon and In'I,,-'<"III'n, ,'I' 11ll" I'ro'I"-"I\ I ,'n,1.-1 <br />,hall !!I\C Bouowl'T nolln' .lllhc Inlle of or pnor 10 an lIl'peCIH'" '(>enf) Ill!! r"'''"lIahk ,'all'l'l;" II". 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