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<br />88-101843 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />I. 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. Funa for Toes 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 />mortgqe 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 of future escrow items. <br />The Funds sball 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 inteRst 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 earnings on the Funds. Lender <br />shal1 give to Borrower, without charge, an annual'accounting ofthe 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 tbe escrow items, shall exe-"Cd the amount required to pay the escrow items when due. the excess shaH be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Burrower on monthly payments of Funds. If the <br />amount oftbe Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shan 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. ApplicatIoIl of Pa)'IDHtI, Unless applicable law provides otherwise, all payments reuived by Lender under <br />parapphs 1 and 2 sh.~1 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. 0Iarps; LinL 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 than on time djrectly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid UDder this parqraph. If Borrower makes these payments directly, Borrower shaH promptly furnish to Lender <br />receipts evidencins the payments. <br />Borrower sball promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writinJ to the payment ofthe obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faith the lien by. or defends against enforcement ofthe 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 />qreemcnt satisfactory to Lender subordinating the llen to this Security Instrum~t.IfLender 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 ideIltifying the lien. Bonower shall satisfy the lien or take one Of more of the actions set forth above within 10 days <br />oftbe pvina fA notice. <br />5. ...... bsaruce. Borrower shall keep the improvements now existing or hereafter erect~ on the Property <br />insured apinst 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 providinS the insurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unRMOnably withhdd. <br />AU iDsurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />LcDdcr ...... have the riaht to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender <br />all RCeipts of pUd premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance <br />carrier and LcDdcr. Lender may make proof of loss if not m~e promptly by Borrower. <br />UnIesa Lender and Borrower othel'A'ise 811ft in writing, insurance proceeds shall be applied to restoration or repair <br />of tile Property damqed, if the restoration or repair is economically feasible and Lender's security is not lessened. If the <br />restoration 01' repair is not economically feasible or Lmder'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 ellcess paid to Borrower. If <br />Borrower abudons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has <br />o4I'ered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property 01' to pay sums secured by this Security Instrument, whether or not then due. The 3O-day period will begin <br />when the notice is liven. <br />Unless Lender and Borrower otherwise asrec in writing, any application of proceeds to principal shall not extend or <br />postpone the due dale of'the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If <br />under panpapb 19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damqe 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. rr....tioIl... Mai.teuIln of~. Luleltolda. Borrower shall not destroy, damage or substantially <br />chanae the Propeny, allow the Property to deteriorate or commit waste, If this Security Instrument is on a leasehold, <br />B"..ower sball comply with the provisions of the lease. and if Borrower acquires fee title to the Property, the leasehold and <br />fee title IIWI not mel'ae unless Lender..res to the merler in writing. <br />7. ~ of ......... RiP*- i. tM Pro,erty; Mortpae Insurance. If Borrower fails to perform the <br />covenants and apeements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's riPt. in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or <br />rep1ationl), then Leeder may do and pay for whatever is necessary to protect the value ofthe Property and Lender's rights <br />in the Property. Lender's actions may include payina any sums secured by a lien which has priority over this Security <br />Instnunent,appearin, in court, payina Tasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under this paralraph 7, Lender dOel not have to do so. <br />Any amounts disbursed by Lender under this paralraph 1 shall become additional debt of Borrower seemed by this <br />'Security lilstnunent. Unleu Borrower and Lender alree to other terms of payment. these: amounts shall bear interest from <br />the date of diabunement at the Note rate and shan be payable, with interest. upon notice from Lender to Borrower <br />reqUftlina payment. <br />