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<br />I <br /> <br />, <br /> <br />UNIFORM COVENANTS. Horrower and Lender covenant and agrce as follows: <br />I. Payment of Principal and Interest; "repayment and Late Charges, Borrowcr shall promptly pay when due <br />the principal of and interest onlhe 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" wrilten waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments arc due under the Note, until the Note is paid in full, l\ sum ("Funds") equal to <br />one-Iwelfth of: (a) yearly taxes and nssessments which may attain priority over this Security Instrurnent; (b) yearly <br />leasehold payments or ground rents on lhe Property, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, if any, Thcse items ure culled "escrow items." Lcnder may estimate the Funds due on the <br />basis of current data and reusonable estimates offuturc 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 institulion). 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 Horrower 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 10 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 Ihe 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 sp.cured by <br />this Security Instrument. <br />If the amount of the Fund~ hcld by Lemler, together with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items, shall e]o;ceed 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 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 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 I)roperty 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 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. Chargesj Liens, Borrower shall pay all taxes, assessments, charges, fines and impositions altributable to the <br />Property which may attain priority over this Securily Instrument, and leasehold payments or ground rents, if any, <br />Borrower shall pay these obligations in Ihe 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 iien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in wriling 10 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 />prevcnt the enforcement of the lien or forfeilure of any part of the Property; or (e) secures from the holder of the lien an <br />agreement satisfactory 10 Lender subordinating the lien to this Secul;ty Instrument. If Lender de~ermines that any part of <br />lhe 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 />5. Hazard Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured l';gainstloss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender <br />reqJires 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, If the <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 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 coHect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security InstrlJment, whether or not then due. The 3D-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in wriling, any application of proceeds to principal shall not extend or <br />postpone the due date flf 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 proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6, Preservation and Maintenance of Propert)'; Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or commit wasle, If this Security Instrument is on a leasehold, <br />Borrower shall comply with the provisions of the lease, and if Horrower acquires fee title to the Properly, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />1. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform Ihe <br />covenants and agreements contained in this Security Instrument, or there is "leg,,1 proceeding that may significantly affect <br />Lender's rights in the Property {such as a proceeding in bankruptcy, probate. for condemnalion or to enforce laws or <br />regulations), then lender may do and pay for whatever is necessary to proteclthe \'alue of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority o\'er this Secllrity <br />Instrument, appearing in court, paying rcusonable attorneys' fees and entering on the ProperlY to make repairs. Although <br />Lender may take action under this paragraph 1, Lender docs not have to do so. <br />Any al110unts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Securily Instrument. Unless Borrower and Lender agree te. other terms of payment, these amounts shall bear interest from <br />Ihe d"II: of disbursement al the Note rale and shall be payahle, with inlerest, upon notice fH'1ll Lender 10 Borrower <br />requC:'sling payment. <br />If Lender required mortgage insurance as a condition of milking the loan secured by this S~'Curil}' Instrulllent. <br />Uotr(IWer "1<111 pay Ihe premiums required 10 mainlain Ihe insurance in cITeI'I until ..uch lime as Ihe n'quiremenl ror the <br />ifl..ur:\Il~'c tcrnulIah:s iUlI\:cordancc wllh Borrower's and Lender's written agreement or applicable law <br />fl. In'opt'clion. Lcmler '.If lIs agenl may make r('asollahk entries upon and IIIsp~""'1l0n' of the I'ropcrl~ LCllller <br />shall ~In: Ilmrm..er nolLce al the lime of or prim to an inspt'cliol1 'I"t-.:ifYlllg fl'asollilhlc calls(.' for I Ill' I nspl'l' I II HI <br /> <br />88- <br /> <br />101594 <br /> <br />,...~ <br /> <br />,- <br />r.,. <br /> <br />\ . <br />