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<br />88- 101095 <br /> <br />l:NIFORM COVFNANIS Borrower and Lender co"enant and agr('e a' 1"11,,\,, <br />1. Payment of Principal and Interest; Prepay'ment and Late Charl!('\. Borrr)\\er shall proll1ptl~ I'a\ v, hen due <br />the principal of and interest on the debt evidenced by the Note and any I'repavll1enl and laIc charges due under the '\nle <br />2. Funds for Taxes and Insura:1ee. SuhJect to apphcahle la\\ or to a \\ nttcn waiver by Lender. !lnrro\\ er ,halll'a~ <br />to Lender on the day monthly payments arc due under the Note, until the Note is paid in full. a sum ("Funds") equal to <br />one-twelfth of: (a) yearly taxes and assessments which may at tam PrJ()r1ty over this Security Instrument: (h) ~earl~ <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums: and Id) \early <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 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 agency (including Lender if Lender is such an institution) Lender shall apply the Funds to pay the escrow lIems. <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 applicahle 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 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 wllh 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 credited 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 wr.en 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 to 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 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. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first, to laie 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 />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 shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (al <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />the Property is subject to a lien which may attain priority over this Security instrument. lender may give 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 />S. 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 term "extended coverage" and any 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 give prompt notice to the insurance <br />carrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. I f I he <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 Instrulllent, 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 reqore <br />the Property 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 otherwise agree in writing. any application of proceeds to principal shall not extend or <br />postpone 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 nght to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of th(" slims secur("d by this ".("ellrity <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Propert).; Leaseholds. Borrower shall not destroy, damage (lr suo'tanllally <br />change the Property, allow the Property to deteriorate m commit waste. If this Security Instrument is on a leasehold. <br />Borrower shall comply 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 l.ender's Rights in the Property; Mortgage Insurance. If Borrower [ails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly aITect <br />Lender's rights in the Property (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 10 protect the 'alue of the Properly and Lender's ri~hts <br />in the Proputy. Lender's actions may include paying any sums secured hy a lien which has priOrity o\er thiS SeClIl1t\ <br />Instrument, appearing in court, paying reasonahle attorneys' fees and ~ntenng on the Property to make rep;lIrs Althou~h <br />Lender may take action under thIS paragraph 7. Lender does not have to do so <br />Any amounts disbursed by Lender under tillS paragraph 7 shall become addlllnnal debt nf Borrower 'ec!lred h\ thl' <br />Security Instrument. Unless Borrower and lender agree to other terms ofpayment. these anlP!lnls shall bear IntereS! fr"l11 <br />the date of <hshursement at the Note rate and shall be payahle. With Interest. upon rlPtlce fr<,m Lender ,<' Ilprrp\H'r <br />requestlllg pa y men t <br /> <br />J <br />~ <br />1 <br />/ ~J <br /> <br />,. <br />h <br />