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<br />88- 10261'7 <br /> <br />UNtFORM COVENANTS, Borrower and Lender covenant and agree as follows: <br />1. PaYlIlClIt of PrIntlpal ud Interat; Prepayment ud Late Charaes, 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 the Note. <br />Z. FlIIIdI for Tua ud IlISlIlUIce. 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 paymer.ts or Iround rents on the propeny, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />monsa,e insurance premiums, if any. 7hese items are called "escrow items." Lender may estimale the Funds due on the <br />buis of current data and reasonable estimates offuture escrow items. <br />The Funds shall be held in an institution the deposits or accounts ofwhioh are insured or guaranteed by a federal or <br />state qency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charle for holding and applying the Funds, analyzing the account or verifyinl the escrow items, unless <br />Lender pays Borrower intCRSt on the Funds and applicable law pennits Lender to make such a charge, Borrower and <br />Lender mllY aJfCC 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 />shall give to Borrower. without charge, an annual accounting of the Funds showing credits and debits 10 the Funds and the <br />pu~ for which each debit to the Funds W85 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 lIue dates of the escrow items. shall ClIceed 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 ofthe Funds held by Lmder 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 Lendct'. 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 propeny or its acquisition by Lender. any Funds h~ld by Lender at the time of <br />application 115 a cmiit apinst the sums secured by this Security Instrument. <br />3. Applicatioa of Paymeatl. Unless applicable law provides otherwise. all payments received by Lender under <br />paragraphs I and 2 shall be applied: IiBt, to late charges due under the Note; second, to prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; founh. to interest due; and 185t, to principal due. <br />4. CIIaqea;,..leu. Borrower shall pay all talLes, 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 them on time directly to tbe 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 lien whicb has priority over this Security In3trument unless Borrower: (a) <br />!lgrees in writing to the payment of the obligation secured by the lien in a manner acuptable to Lmder; (b) contests in good <br />faith the lien by, or defends apinst 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 Propeny; or (c) secures 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 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. Huard I-. Borrower shall keep the improvements now ellisting or hereafter erected on the Property <br />insured apinst loss by lire. 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 approval which shall not be <br />unreuonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mongage clause. <br />Lender sha1l have the right to bold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender <br />all ra:eipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lmder may make proof of loss if not owIe 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 CICOIlomically 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 insutance carrier has <br />oI'ered to settle Il claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Prop:rty or to pay sums secured by this Security Instrument, whether or nol then due. The 3Q-day period will begin <br />when the notice is given. <br />Unless Lender ud 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 I and 2 or change the amount of the payments. If <br />under parapaph 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 Lmder to the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. ~atillll_ Ma1Dt_ of ProperJr; ~ Borrower shall not destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or oommit waste. If this Security Instrument is on a leasehold, <br />Borrower shall comply with the provisions ofthe lease. and if Borrower acquires fee title to the Property, the leasehold and <br />fee title shaI1 not IDerJC unless Lender asrees to the merger in writing. <br />1. PnItecdoll of Lmder'a RiPtI In the Property; MtII'tp&e lnaurance. If Borrower fails to perform the <br />covenants and qrccments contained in this Security Instrument. or there is a legal proceeding thaI may significantly affect <br />Lender's nJllts in the Property (such as a proceeding in bankruptcy. probate, for condemnation or to enforce laws or <br />n:;uJations), then Lender may do ~ pay for whatever is necessary to protecl the value of the Propeny 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 />IlIJUUDlCDt, appearing in court, paying reasonable attorneys' fees and entering on Ihe Propeny to make repairs. Although <br />Lender may take action under Ihis parafT'Bph 7, Lender does not have to do so, <br />Any amounts disbursed by Latder under Ihis paragraph 7 shall become addilional debt of Borrower secured b)' Ihis <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, Ihese amounts shall bear mterest from <br />the date of disbursement at the Note rate and shall be payable. wilh interest. upon nollce from Lender to Borrower <br />requestlnll payment. <br />