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<br />88- 103002 <br /> <br />UNIFORM COVENANTS, Borrower and Lender covenant and agree as folIows: <br />1. Pa)'llleat of Priaeipallllld Interest; Prepa)'lllent lIlId Late ChlUl!cs. Borrower shaII 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. Funds for Toes ud luurance. Subject to applicable law or to a written waiver by Lender, Borrower shaII pay <br />to Lender on the day monthly payments are due under the Note, until the Note is paid in fulI, a sum ("Funds") equal to <br />one-twelfth of: (a) yearly tues and assessments which may allain 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 />mortgage insurance premiums. if any. These item~ are called "escrow items," Lender may estimate the Funds due on the <br />basis of current da14 and reasonable estimates offuture escro\\' 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 />slllte 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 acconnt 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 that interest shall be paid on the Funds. Unless an agll~ement is made or applicable law <br />requires inlercst to be paid, Lender shall nol 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 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 />Ifthe amount of the Funds held by Lender. together with the future monthly payments of Funds payable priono <br />the due dates of the escrow items, shall exceed 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. It [he <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 />amounl necessary to make up the deficiency in one or more payments as requIred by Lend~r, <br />Upon paym~t in fuII of all sums secured by this Security Instrument, Lender shaII promptly refund to Borrower <br />any Funds held by Lender, If under paragraph 19 lhe ProperlY is sold or acquired hy Lender, Lendel shall apply, no later <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lend:r at the time of <br />appliUition 15 a credit against the sums secured by this Security Instrument <br />3. AppUcati1lll of Pcyeeau. Unless applicable law provides otherwise, aII payments received by Lender under <br />paragraphs I and 2 shaII be applied: lint, to late charges due under lhe Note; second, to prepayment charges due under the <br />Note; third, to amounts payable under pnagraph 2; fourth, to interest due; and last, to principal due. <br />4. CIIarps; Ueu. Borrower shaII pay all taxes, assessments, charges, fines and impositions anribu14ble 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, BoITower shall promptly furnish to Lender all notices of amounts <br />to be paid under this parasraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharg-.: any lien which hat pnonty over thiS Security Instrument unless Borrower: <a) <br />agrees in writing to the payment of the obligation secured by the hen m a manner acceptable to Lender; (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 hen or forfeiture of any part of the Property; or (c) secures from the holder of the lien an <br />qrell!l1lent satisfactory to Lender subordiJUting the lien to thIS Security Instrument. If Lender determines that any pan of <br />the Property is subject to a lien which may attam pnonly over this Security Instrument. Lender may give Borrower a <br />notice identifyins the lien. Borrower shall satisfy the hen or tAke one or morc of the actions set fonh above within 10 days <br />of the giving of notice. <br />!!. HuanlI_. Borrower shall keep the Improvements now existing or hereafter erected on the Property <br />insured lIgainstloss by fire. hazards included wllhlD the tenn "elltended coveragc" and any other hazards for which Lender <br />requires insurance. This insurance shall be mmnlluned m the amounts and for the periods that Lender requires. Thc <br />insurance carrier providing the msurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withheld. <br />All insurance pohcies llJld renl'Wals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the poliCIes and renl'Wali. If Lender requires, Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal nollces, In the event of loss. Borrower shall give prompt notice to the insurance <br />carrier and Lender, Lender may make proof of loss If not made promptly by Borrower, <br />Unless Lender and Borrow"r otherwlsc agree In wnting, insurance proceeds shall be applied 10 restoration Of repair <br />of thePl'operty damaged. if the restoration or repair is economicalIy 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 nOI then due, with any excess paid to Borrower, If <br />Borrower abandons the Property, or docs not answer within 30 days a notice from Lender that the insutance carner has <br />otrered to seule a claim. then Lender may collect the msurance 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 th~ due, The 3O-day period will begin <br />.,hen the notice is tiven, <br />Unless Lender and Borrower otherwise agree in writing. any application of proc~s to principal shall not elltend or <br />postpone the due dateoftbe monthly payments rcferred to in paragraphs I and 2 or change theamounl of the payments, If <br />under paragraph 191he Property is acquired by Lender, Borrower's right to any msurance poliCies and proceeds resulting <br />from damqe to the Property prior to the acquisition shall pass to Lender to the elltent of the sums secured by thIS Secunty <br />Instrumenl immediately prior to the acquisition. <br />'" PI'eR"atiOllull Mainu_e of Properw; Leuellolcb. Borrower shall nol destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or wmmit waste If thiS Secunt)' Instrument IS on a lellSChold. <br />Borrower shall comply with the provisions ofthe lease. and if Borrower acquIres fee IItle 10 the Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merler in writmg. <br />7. Proteetioll of LetIdu'. Rlpta in the Property; MortpJlC Insurance. If Borrower fails to perfonn Ihe <br />covenants and agreementll contained in this Security Instrument. or therc IS a legal proceeding 1hllt may Significantly aWccl <br />Lender's rights in the Property (such at a proceedinl! in bankruptcy, probate. for condemnallon or to enforce laws or <br />relulations), then Lender may do and pay for whatever is necessary to proteclthe value of the Propert)' and Lender's nllhts <br />ID Ihe Properly, Lender's actions may include paying IIny sur", secured by a hen which has priorit)' o\'cr this Security <br />Instrumenl, a"purina in coun. Pllyinll reasonable allomeys' fees and entcnng on lhe Propert)' to make ~paln, Althou!\h <br />Lender may take action under this paragra"!) 7, Lender docs nOI have 10 do so <br />Any amounts disbuned by Lender lder thIS pllragraph 7 shall become addlltOnal debt or Borrower secured by Ihis <br />Sccuntl' Instrumr.nt, Unl~s Borrower ar" .cnder agree to other lerms of paymell1. these amounts shall bear mlel'C!'l f(l)lIl <br />the dale of disbursement at the Nole I' and ~hall be payable, wllh IDleresl, upon notice rrom Lender ,,, Borrower <br />requesting pIIymenl <br />