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<br />88-- 102364 <br /> <br />UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: <br />I. Payment of Principal and Interest; Prepayment and Late CharJles. Borrower shall promptly pay when due <br />the principal of and interest on Ihe debt evidenced by the Note and any prepayment and late charges due under the Note, <br />2. Funds for Taxes and Insurance. Subjeetto 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 />on,,-twelfth of: Ca) yearly taxes and assessments which may altain priority over Ihis Security Instrument; (b) yearly <br />lcuchold payments or ground rents on the Propeny. if any; (c) yearly hazard insurance premiums; and (d) yearly <br />monsase insurance premiums, if any. 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 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, unl::ss <br />Lender pays Borrower interest on the Funds alld 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 applic"!'>'" law <br />requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Fun", Len.;::r <br />shall give to Borrower. without charge, an annual accounting of the Funds showing credits and debits to the Funo:. ..ad 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 lmtrument. <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, the e.'\CCSs 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 beld by Lender. If under paragraph 19 tbe Propeny is sold or acquired by Lender. Lender shall apply. no later <br />than immediately prior to the sale of the Propeny or its ocquisition by Lender. any Funds held by Lender at the time of <br />application as a credit against tbe sums secured by this Security Instrument. <br />3. AppIicatioa 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 />Notl:; third. to amounts payable under paragraph 2; founh. to interest due; and last, to principal due. <br />4. CIIarIes; LieIII. Borrower shall pay dl taxes, assessments, charges. fines and impositions attributable to the <br />Property wbich may atuin priority, over this Security Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided ill paragrapb 2. or if not paid in that manner. Borrower shall <br />pay them on time directly to the penon owed paymenL Borrower shall promptly furnish to Len.:ler all notices of amounts <br />to be paid under this paragrapb. If Borrower makes tbese payments directly. Borrower shall promptly furnish to Lender <br />receipts evidencing the payments, <br />Borrower shall promptly discharge any liom wbich bas priority over this Security Instrumenl unless Borrower: (a) <br />qrees in writing to the payment oftbe obligation secured by the lien in a manner acc:eptable to Lender; (b) ronteStS in good <br />faith the lien by, or dd'cnds against enforcement of the lien in, legal proceedinp .,hieh in the Lender's opinkm operate 10 <br />prevent the enfcm:ement of the lien or forfeilure of any pan of tbe Property; or (c) secures from tbe holder of the lien an <br />qreement utisfactor}' to Lender subordinating Ibe lien 10 this Security Instrurncnt. If Lender dctennines that any pan of <br />the Property is subject to a lien whicb may attain priority over this Security Instrument, Lender may give Bol'l'O'A'er a <br />notice idc:IItifying the lien, Borrower shallutisfy the lien or take one or more of the actions set fonh above within 10 days <br />of the livin. of notice. <br />5. HaanI ~ Borrower shall keep the improvements now existing or hcrealier erecled on the Property <br />insured against IGiS by fire, hazards included within tbe tenn "extended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in Ihe amounts and for the periods tbat Lender requires. The <br />insurance carrier providing tbe insurance shall be chosen by Borrower subjccl 10 Lender's approval whicb shall DOl be <br />unrellllOllAbly withheld, <br />All iDlurance policies and renewals shall be acceptable to Lender and shall include a standard mortPF clause. <br />Lender IhaU have the riJbt to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender <br />all nx:ciptl of paid pmniuma and renewal notices. In the evenl of loss, Borrower shall give prompt notice to the insurance <br />carrier IDd Lender. Lender may make proof of IGiS if nOl made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing. insura.,ce proceeds sball be applied to restoration or repair <br />of the Propeny damaled. if tbe restoration or repair is economically feasible and Lender's security is not 1esscDed, If the <br />restoration or repair is nOl economically feasible or Lender's security would be lessened. the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument. wbetber or nOI then due, with any excess paid to Borrower. !f <br />Borrower abudons the Property, or does nOI answer within 30 days a nOlice from Lender that the insurance carrier has <br />dFeRd to settle a claim, tben Lender may collect tbe insurance proceeds, Lender may use the proceeds 10 repair or restore <br />the Property or to pay sums secured by this Security Instrument. whether or not then due, 1be 3O-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any applicalion of proceeds 10 principal shall not extend or <br />poiIpone the due date of the montbly payments referred to in paragraphs I and 2 or change Ihe amount of the payments. If <br />under puqraph 19 the Propeny is acquired by Lender, Borrower's right 10 any insurance policies and proceeds resulting <br />from damqe to the Property prior to the acquisition shall pass to Lender 10 the elllent of the sums secured by this Security <br />Instrument immediately prior to Ihe acquisition, <br />6. ~ aM MlliateallCe of Pro,erJr; LeeIeIao'" Borrower shall nOI destroy. damage or substantially <br />change the Propel1y. allow Ihe Propeny to deteriorate or commit waste. If this Security Instrument is on a leasehold. <br />Borrower sha11 comply witb tbe provisions of the 1easc. and if Borrower acquires fee tille to tbe Propeny. the leasehold and <br />fee title IbaII DOC metJC unless Lender I8ree5 to the meraer in writing, <br />7. PntedioII 01 LeIMIer'l RiP" In die Pro,erty; MortJPIIC Insurance. If Borrower fails to perform the <br />covenants and apeements rontained in Ihis SecurilY Instrumenl, or Ihere is a legal proceeding that may significantly atreet <br />Lender', riahll in lhe Propel1y (such as a proceeding in bankruptcy. probate, for condemnation or to enforce laws or <br />rqulations). lhen Lender may do and pay for whatever is necessary 10 protectt he value of the Propeny and Lender's rights <br />in the Property, Lender's aclions may include paying any sums secured by a hen which has priority over this Securit)' <br />IlIIlrumenl. appearing in caun. pa)'ina reasonable attorneys' fees and enlering on the Property to make repairs, Ahbouah <br />Lender may take aClion under Ihis parasra9h 7. Lender does nOI have 10 do so. <br />Any amounts disbursed by Lender under Ihis paraaraph 7 shall become addlllonal debt of Borrower secured by th.. <br />Security Instrument Unless Borrower and Lender agree 10 olher terms of payment. these amounts shall bear mleresl from <br />lbe date of'disbursement a' Ihe NOle rale and shall be payable. with interest, upon nOllce from lender 10 Borrower <br />requestinl payment <br />