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<br />I <br /> <br />88- <br /> <br />101511 <br /> <br />UNIFORM COVENANTS. Borrower and Lendercovenanl and agree as follows: <br />1. Payment of Principal and Interest; Prepayment and Late Char~es, norrower shall promptly pay when due <br />the principal of and interest on the debt evidenced by the Note and any prepaymenl and late charges due under the Note. <br />2. Funds for Taxes and Insurance, Subject to applicable law or 10 a wrinen waiver by Lender. Borrower shall pay <br />to Lender on the day monthly payments are due under Ihe Note, untillhe Note is paid in full, a sum ("Funds") equal 10 <br />one-twelfth of: (a) yearly taxes and assessments which may altain priority over this Securily !nslrument; (b) yearly <br />leasehold payments or ground rents on the Properly, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, if any, These items are called "escrow ite:ms," 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 acccunts of which arc insured or guaranteed by a federal or <br />stale agency (including Lender if Lender is such an institution). Lender shall apply Ihe Funds 10 pay the escrow ilems. <br />Lender may not charge for holding and applying the Funds. analyzing Ihe 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 interesl or earnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits 10 the Funds and Ihe <br />purpose for which each debit to Ihe Funds was made. The Funds are pledged as additional security for the sums securcd by <br />this Security Instrument. <br />If the amount of the Funds held by Lender. together with the future momhly payments of Funds payable prior 10 <br />the due dates of the escrow item!;, shall exceed Ihe amount required to pay the escrow items when due, the excess shall be, <br />al Borrower's Dplion, either promptly repaid 10 Borrower or credited to BDrrower on monthly payments of Funds. If the <br />amount of Ihe Funds held by lender is not sufficient to pay Ihe 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 10 Borrower <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by lender, lendcr shall apply, no laler <br />than immediately prior to the sale of Ihe Property or ils acquisition by Lender, any Funds held by lender at the lime of <br />applicalion as a credit against the sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicable law provides Dtherwise, 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 Ihe <br />NOll'; 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 impDsilions 3ttribulable 10 Ihe <br />Property which may auain priorily over this Security Instrument, and leasehold paymenlS or ground rents. if allY. <br />Borrower shall pay Ihese obligations in the manner provided in paragraph 2, or if not paid in Ihat manner. Borrower ...hall <br />pay Ihem on time directly 10 Ihe person owed payment. Horrower shall promptly furnish to Lender allllOl1ces of amounls <br />10 be paid under this paragraph. If BDrrDwer makes these payments directly, Borrower shall promptly furnish to Lender <br />receipls evidencing the paymenls. <br />Borrower shall promptly dIscharge any lien which has priorilY over this Securily InSlrument unless Borrower: (a) <br />agrees in writing to Ihe payment of the obligation secured by Ihe lien in a manner acccptable tD Lender; (b) conlests in good <br />faith the lien by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate 10 <br />prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from Ihe holder or Ihe lien an <br />agreement satisfactory to Lender subordinating the lien to thIS Security Instrument. If Lender determines thaI any parI of <br />the ProperlY is subject 10 a lien which may auain priority over Ihi... Security lnslrument, Lender may give Borrower a <br />noticc idcntifying thc lien. Borrower shall satisfy the lien or lake one or more ofthc actions set forth above within 10 da)'s <br />of the giving of nOliee. <br />5. Hazard Insurance, Borrower shall keep the improvclIlenls now exisling or hereafter erected on the Properly <br />insured against loss by fire, hazards included within the lerm "cxtended coverage" :lnd any other hazards for which lcnder <br />requires insurance, This insurance shall be maintained in Ihe mnounls and for Ihe periods thaI Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject 10 Lender's apprDval which shall not he <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable 10 Lender and shall include a slandard 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 prompl notice to the insurance <br />carrier and Lender. Lender may make proof of loss ifnot made promptly by Borrowcr. <br />Unless lender and Borrower OIherwise agree in writing, insurance proceeds shall be applied to restoratiDn or rep..ir <br />of the ProperlY damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If Ihe <br />restoration or repair is nol economically feasible or Lender's secunly 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 10 Borrower. If <br />Borrower abandons Ihe Property, or does nOI answer within 30 days a notice from lender that Ihe insurance carrier has <br />offered to scull' a claim, Ihen Lender may colleelthe insurance proceeds. Lender may use the proceeds to repair or reslore <br />the Properly or to pay sums secured by this Security Instrument, whelher 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 shaH not exlend or <br />postpone Ihe due dale of the monlhly paymenls referred 10 in paragraphs I and 2 or change the amount of Ihe paymenls. If <br />under paragraph 19 the Properly is acquired by Lender, Borrower's righllo any insurance policies and proceeds resuhing <br />from damage to the Property prior tD Ihe acquisition shall pass to Lender to the exlenl of the sums secl.red by this Seeun:y <br />Inslrument immedialely prior 10 Ihe acquisilion, <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not deslroy, damage or substantially <br />change the Property, allow the Property to deleriorate or commit waste. If this Securily Instrument is on a leasehold, <br />Borrower shall comply with the provisions of the lease, and if Borrower acquires fee lille to the Property, the leasehold and <br />fee title shall nol merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails \0 perform Ihe <br />covenants 11110 agreemenls contained in this Security Inslrument, or there is a legal proceeding Ihat may significantly affecl <br />Lcnder', righl'\ in the Ilropcrty (such as a proceeding in bankruptcy, probate, for condemnalion or to enforce laws or <br />regulaliolts), Ihclll.cndcr may do and pay for whatever is necessary to protect the value oflhe Property and Lender's rights <br />ill Ihe I'roperly, I.ender's actions may include paying any sums secured by a lien which ha... prioril) over this SecurilY <br />IIlSlrulllelll, Ilppcaring in court, paying reasonable attorneys' fees and enlering on Ihe Property 10 make repairs, Although <br />I.ender ma)' lake al'lloll under this paragraph 7, Lender does not have to do so. <br />Any 11I1I0UI1I" disbursed by lender under Ihis paraRraph 7 shall bt.'CDtt1C addilional debt of Borrower o;c1.:ured by I his <br />Sc<:urlly Instrulllcnl. UnlcS\ Horrower and Lendcr agree to other terms of pay men I. these amounts shall bear Inlcre...1 from <br />the dale of dlsbursemenl al Ihc NOie ratc and shall be payable. with inlerest, upon nOl1n~ from L,'l1llcr 10 Borrowcr <br />reque...till~ paymcnt. <br />