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<br />88__ 101155 <br /> <br />UNIFORM COVENANTS. 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 Note and any prepayment 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 <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 />one-twelfth of: (a) yearly taxes 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 />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 ite!I1s. <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 Ihe 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 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 credited to Borrower on monthly payments of Funds. If the <br />amount of the Funds held by Lender is not sufficient 10 pay the escrow items when due. Borrower shall pay to Lender any <br />amount necessary to make up the deficiency in one or lIIore 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. Ifunder paragraph 19the Property is sold or acquired by Lender, Lender shall apply, no I,lter <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 prO\'ides otherwise, 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; fourth. to interest due: and last. to principal due_ <br />4. Ch31'ges; 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 ifnot 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 prompt I)' discharge any lien which has priority over this Security Instrument unless Borrower: (n) <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 detennines that any part of <br />the Property is subject to a lien which ma)' attain priority O\'er this Securit)' Instrument, lender may gi\e Borrower a <br />notice identifying the lien. Borrower shall satisf)' 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 imprO\'ements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the tenn "extended coverage" and any other hazards for which lender <br />requires imurance. 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 b)' Borrower subject to lender's appro. al 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 ha\'e the right to hold the policies and renewals. If Lender requires, Borrower shall promptly gi\'e to lender <br />all receipts of paid premiums and renewal notices. In the e\'ent of loss. Borrower shall gi\'e prompt notice to the insurance <br />carrier and Lender. lender may make proof ofloss ifnot made promptly by Borrower. <br />Unless Lender and Dorrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is economicall)' feasible and lender's security is not lessened. If the <br />restoration or repair is not economicall)' 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 Property, or d()(.'S not answer within 30 days a notice from lender that the insurance carrier ha<, <br />offered to settle a claim. then Lender may collect the insurance proceeds. lender may use the proceeds to repair or r~tore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The )O-da)' period \\iII 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 right to any insurance policies and procn>ds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums sceured by this St.'Curity <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property; leaseholds. Borrower shall not destroy, damage llr substantially <br />change the Property, allow the Property to deteriorate or commit waste. If this &-.:urity 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 lender's Rights in the Property; ~Iortgage Insurance. If Borrower fails to perf('rm the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnatioll or to enforce laws or <br />regulations), then Lender nlay do and pay for whatever is necessary to protect the \"alue of the Property and Lender's rights <br />in the Property. Lender's actions may include paying an)' sums secured by a lien which has priority over this Security <br />Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under this paragraph 7, Lender dOt.'S not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />SeCurity Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall hear mlereM from <br />the date of disbursement at the Note rate and shall be payahle. with interest. lIpoll notice fWIll h'llder It' Borrower <br />requesting paymen!. <br /> <br />r--- <br /> <br />ool <br /> <br />( <br />