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<br />88-102811 <br /> <br />UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: <br />I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shsll promptly pay when due <br />thl' principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note, <br />Z. FIUIdII for Taltes and Insurance. Subject to applicable law or to a wriuen waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments are due under the Note. unlilthe Note is paid in full, a sum ("Funds") equal 10 <br />one-twelfth of: (a) yearly taxes and assessments which may attain priority over Ihis Security Instrument; (b) yearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; ana 1.1) yearly <br />mortgage insurance premiums. if any, These ilems 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 />stale agency (including Lender if Lender is such an institution), Lender shall apply the Funds to pay the escrow ilems, <br />Lender may nol charge for holding and applying the Funds. analyzing the accoun! or verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law pennits Lender to make such a charge, Borrower and <br />Lender may agree in writing that interest shall be ~aid on the Funds, Unless an agreemenl is made or applicable law <br />requires interest to be paid, Lender shall not be requIred to pay Borrower any interesl or earnings on the Funds. Lender <br />shall 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 addilional security for the sums secured by <br />this Security Instrument, <br />If the amount of the Fund!; held by Lender, together with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items, shall ellceed Ihe 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 />amoun! 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 m one or more payments as required by Lender, <br />Upon payment in full of all sums secured by this SecunlY Instrument. Lender shall promptly refund to Borrower <br />any Funds held by Lender, If under paragraph 19the Property is sold or acquired by Lender. Lender shall apply, no later <br />than immediately prior to the sale of the Property or liS acqulsilion by Lender. any Funds held by Lender at the time of <br />application as a credit against the sums secured by this Secunty Instrument, <br />3. Application of Pa,.entl. Unless applicable law provides otherwise, all paymenls received by Lender under <br />paragraphs I and 2 shall be applied: firsl, to late charges due under Ihe Note; second. to prepaymenl charges due under the <br />Note; third, 10 amounts payable under paragraph 2; fourth, to interesl due; and lasl. 10 principal due, <br />4. <lIaraa; IJaIL 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 [he manner provided in paragraph 2, or if nOl paid in that manner. Borrower shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />10 be paid under Ihis paragraph, If Borrower makes these payments directly. Borrower shall promptly furnish to Lender <br />receipts evidencing Ihe payments, <br />Borrower shall promptly discharge any hen whIch has pnorily over thiS Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligatIon secured by Ihe hen m a manner acceptable 10 Lender; (b) contests in good <br />faith the lien by. or defends against enforcemenl of the hen 10. 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 subordinating the lien to this Security Ins!rument. If Lender determines that any part of <br />the Property is subjeCt 10 a lien which may attalO priomy over thiS Securily Instrument, Lender may give Borrower a <br />notice identifying the lien, Borrower shall salisfy the hen or take one or more of the actions set forth above within 10 days <br />of the giving of notice, <br />5. HuanlI_1"8IICe. Borrower shall keep Ihe Improvements now eXIsting or hereafter erected on the Property <br />insured apinstloss by fire. hazards mcluded withlO Ihe term "elltended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be mamtamed an [he amounts and for the periods that Lender requires The <br />msurance carTier providing the Insurance shall bo: chosen by Borrower subJecl 10 Lender's approval which shall nol be <br />unreasonably withheld, <br />All msurance poliCIes and renewals shall be acceptable 10 Lender and shall include a standard mortgage clause, <br />Lender shall have the ri/!ht to hold Ihe policies and renewals, If Lender requires, Borrower shall promptly give 10 Lender <br />all receipts of paid premiums and renewal nouces. In the event of lou, Borrower shall give prompt notice to the msurance <br />carrier and Lender, Lender may make proof of loss if not made promptly by Borrower, <br />Unless Lender and Borrower otherwtse agree m wnting. insurance proceeds shall be apphed to reslorauon or repair <br />of the Property damaged. if the restorauon or repair IS economically feasible and Lender's security IS not lessened If Ihe <br />restoration or repair is not economically feasible or Lender's security would be lessened. the msurance proceeds shall be <br />applied to the sums secured by this Secunty Instrument. whether or not then due, with any excess paid to Borrower. If <br />Borrower abandons the Property. or does not answer ",'ithin 30 days a notice from Lender that the insurance carner has <br />oIFerc:d to settle a claim. then Lender may collecl the 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, The JO-day penod wtll besan <br />when the notice is given, <br />Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not elltend 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 paraJraph 19 the Property is :lcqUlred by Lender. Borrower's right to any msurance policies and proceeds resuhmg <br />from damage to the Property prior to the acquisition shall pass to Lender to the eltlent of the sums secured by thts Secunly <br />Instrument immedialely prior to the acquisllion, <br />6. Prelenatlon ad MalDtenaace of Propertl'; Leaadtokla. Borrower shall nOI destroy. damage or subslanlially <br />change the Property. allow the Propert)' to deteriorate or com mil waste, If Ihis Secunly Instrument IS on a leMehold. <br />Borrower shall comply with the provisions of the lease. and if Borrower acqUIres fee litle 10 Ihe Property. t he leasehold and <br />fee title shall not merge unless Lender agrees to the merger an writing, <br />7. PnltedJoe of LnlIer'. Rlptl in the Property; Mort~ Insurance. If Borrower fails 10 perform the <br />covenants and agreements contained in thiS Secunty Instrumenl, or Ihere IS a legal proceedmg thaI may Slgnlficantl)' affect <br />Lender's rishts in Ihe Property (such as a proceedang an bankruptcy, probale, for condemnallon or 10 enforce law5 or <br />reJUlalions), then Lender may do and pay for whatever II necessary to protecl Ihe value of lhe Property and Lender's righls <br />In the Property, Lender's actiollJl mllY mclude paymg any sums secured b)' a hen whIch has pnom}' over thiS Secunty <br />Instrument, appearing in coun, paying realOnable anorneys' fees and enlenng on Ih~ Properl)' to mak~ repaIrs Allhough <br />Lender may tak.: &Cllon und:r Ihis paragraph 7, Lender does nol have 10 do so <br />"ny amounU dllburKd by Lender under thiS paragraph 7 shail becom~ addtllOnal debl of Borrow~r secured by 1 hIS <br />Sccunty Instrument Unleu Borrower and Lender agree 10 other lemu of payment. th~ amounts shall bear m[~rest from <br />tbe dale of dllhur\Cmenl al the NOle rale and shall be payable, wllh tnleresl, upon nOllc~ from Lender 10 ""rrower <br />requellng paymenl <br />