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<br />88-102289 <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 prepaymenl and lale charges due under Ihe Nole. <br />2. Funds for Taxes and Insurance. Subject to applicable law or 10 a wrillen waiver by Lender, Borrower shall pay <br />to Lender on the day monthly paymenls are due under Ihe Note, unlllthe Note is paid in full, a sum ("Funds") equal to <br />one.twelfth of: (a) yearly taxes and assessments which may allain priority over Ihis SecurilY 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, ifany. These items are called "escrow items." Lender may eSlimale the Funds due on the <br />basis of current dala and reasonable estimates of future 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 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 Ihat interest shall be paid on the Funds. Unless an agreemenl is made or applicable law <br />requires interest to be paid, Lender shall not be required 10 pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to Ihe Funds and the <br />purpose for which each debit to the Funds was made. The Funds are pledged as additional security for Ihe 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, Ihe 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 Ilems when due, Borrower shall pay to Lender any <br />amount necessary to make up the deficiency in one or more payments as required by Lende~. <br />Upon payment in full of all sums secured by this Security Instrument. Lender shall promplly refund to Borrower <br />any Funds held by Lender. If under paragraph ]'1 Ihe Property is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior to the sale of the Prop"'rty or its acquisition by Lender, any Funds held by Lender at the time of <br />application as a credit againsl the sums secured by this Security Instrument. <br />J. Application or Payments. Unless applicable law provides olherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first, 10 late charges due under the Nole; second, to prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth, to Interest due; and lasl, 10 principal due. <br />4. Charges; Uens. Borrower shall pay all taxes, assessments, charges, fines and impositions allributllble 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 them on time directly to the person owed payment. Borrower shall promplly furnish to Lender all notices of amounts <br />to be paid under Ihis paragraph. If Borrower makes Ihese payments directly, Borrower shall prompl]Y furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the paymenl 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 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 />agreement satisfactory to Lender subordinatmg the lien to this Security Instrument. If Lender determines that any part of <br />the Property is subject to a lien which may attain priorilY 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. HIIZ8l"d IDlurance. Borrower shall keep the improvements now eXIsting or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage" and any olher hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for Ihe periods thaI Lender requires. The <br />insurance carrier providing Ihe insurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withheld. <br />All insurance policies a!ld renewals shall be acceptable to Lender and shall mclude a slandard mortgage clause. <br />Lender shall have the right \0 hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewcl notices. In the event of loss, Borrower shall give prompl notice to the insurance <br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower olherwise agree in writing, insurance proceeds shall be applied 10 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 securily 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 />olfered 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, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change Ihe 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 Ihis Security <br />Instrumenl immediately prior to Ihe acquisition. <br />6. Prl!SCT1/atlon and Maintenance of ProperJW; Leasebolds. Borrower shall nol destroy. damage or substantially <br />change the Property. allow the Property to deteriorate or commit waste. If this Security Instrumenl 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 nol merge unless Lender agrees to the merger in writing. <br />7. Protert!on of Lender's Rlghbi in the Property; Mortgage Insur""ee, If Borrower fails 10 perform the <br />covenants and agreements contained in Ihis Security Instrument, or there is a legal proceeding that may significantly affecl <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnation or to enforce laws or <br />reguIlItions), then Lender may do and pay for whatever is i1a:ess11ry to proleclthe value of the Property and Lender's nghts <br />in the Property. Lender', actions may include paying any sums secured by a lien which has priority over Ihls Secunl~ <br />Instrument, appearing in court, paying reasonable allomeys' fees and entenng on the Property to make repa'.... Altimugh <br />Lender may take action under this paragraph 7. Lender does not have to do 50. <br />Any amounts dIsbursed by Lender under I hIS paragraph 7 shall become addlllonal debl of Borrower 5e.:u rcd h~ t h" <br />Secunt). Inslrument Unless Borrower and Lender agree to other terms of payment. Ihese amounls shall hear Inlcrest from <br />the dale or dIsbursement at the' Note ral~ and ~hall he pB)Oablc:. \\.'Hh IOtc-rC''''1. upon notICe' from l.ender h\ Btlrnl",'C'T <br />requesllng pa ymen t <br />