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<br />I <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 88- 101 B 26 <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 waivcr 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") cqual to <br />one-twelfth of: (a) yearly tax.es and assessments which may attain priority over thi~ Security Instrument; (b) yeady <br />leasehold payments or ground rents on the Property, if any; (c) yeady hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, ifany. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of current data and reasonable estimates offuture cscrow 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 .md <br />Lender may agree in writing'that interest shall be paid on the Funds. Unless an <lgreement is made or applicable law <br />requires interest to be paid, Lender shall not be required to pay Borrower any intcrest or earnings on the Funds. Lender <br />shall give to Borrower, without eharge. 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 ofF~nds payable prior to <br />the due dates of the escrow items, shall exceed the amount rcquired 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.lfunder 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 late charge-3 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. Chnge5; Uens. Borrower shall pay all taxes, assessments, charges, fines and impositions altributable 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 th:\t manller, 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 [his 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 oyer this Security Instrument unless Borrower: (a) <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) Sl'Cures 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 Instrumcnt, 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 Ilotice. <br />S. Huard Insunnce. Borrower shall keep the imprO\'ements now existing or hereafter erected on lIle 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 appnl\'al which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a stand:ud mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall prompt Iy give to lender <br />all receipts of paid premiums and renewal notices. In the event O(I05S, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof ofloss ifnot made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applil>d to restoration or repair <br />of the Property damaged. if the restoration or repair is economicaIiy feasible and Lender's security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's security would be lesscned, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument. whether or not then due, with any CXCesS paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lender tha1 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 restore <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, an)' 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 ofthc payments. If <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to all)' insllmnce polides and proceeds resulting <br />from damage to lhe Property prior to the acquisition shall pass to lender to the eKtcnt of the sums secured by this Sccurit), <br />Instrument immediately prior to the acquisition. <br />6. Prnenation and l\tainteUMe of Property; l..eollSeholds. lIorrowcr shall not deslroy, damage or substantially <br />change the Property. allow the Property to deteriorate or commit waste. If this Securit)' Instrument is on a leasehold, <br />Borrowershall comply with the provisions of the lease, and if norrower acquires fee title to the I)mpcrt)', the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lenckr's Rights in the Propert).; MortpRe Insurance. If Borrower fails to perform the <br />cO\lenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />under's rights in the Property (such as a proceeding in bankruptcy. probate, for l'ondemnation or to enforce laws or <br />rcgulations), then Lender may do and pay for whatever is necessary to protect the value of the I)ropcrty and Lender's righls <br />in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Securily <br />Instrument. appearing in court, paying reasonable attorneys' fees and entering on the I'roperly to make repairs, Although <br />Lender may take action under this paragraph 7. Lender dOt.'S not ha"e to do so. <br />. Any amounts disbursed by Lender under this pafllgraph 7 shall bel'ome additional debt of Borrower sccured by this <br />Security Instrument. UnleSs Borrower and Lender agree to other terms of payment, these amounts shall bear intl'rest from <br />the date of disbursement at the Note rate and shall be payable, with intl'reSl, upon notice from Lemler to normwcr <br />requesting payment. <br />