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<br />88-103b01 <br /> <br />UNIFORM CoVENANTS. Borrower and Lender covenant and agree as follows: <br />1. PaymeDt of PrindpalllDd Interest; PrepllymeDt IIDd Late Charges. Borrower shall promptly pay whcn duc <br />the principal of and interest on thc debt evidenced by the NOle and any prepaymcnt and late charges due under the Note. <br />2. Funds for Toes IIDd Insurance. Subject to applicable law or to a written waiver by Lendcr, Borrowcr shall pay <br />to Lender on thc day monthly payments arc 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 payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />monpge 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 institutiop the deposits or accounts of which are insured or guaranteed by a federal or <br />!ltate agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay thc escrow items. <br />Lender may not chargc 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 pennits Lender to make such a charge. Borrower and <br />Lendcr may agree in writing that interest shall be paid on I.be Funds. Unless an agreement is made or applicable law <br />requires interest to be paid, Lender shall not be required to pay Borrower any intcrest 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 thc sums secured by <br />this Security Instrument. <br />If the amount of the Funds held by Lender, together with thc 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 whe\') 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 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 sp.:cured by this Security Instrument. Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Property is ~old or acquired by Lender, Lender shall apply, no later <br />than immediately prior to thc sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of <br />application as a credit against the sums secured by this Security Instrument. <br />3. Application 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 />Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due, <br />4. Cbarps; Liens. 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 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 promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly, Borrowcr shall prc.mptly 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 payment of the obligation secured by the lien in a manner acceptable to Lendcr; (b) contests in good <br />faith thc 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 forfciture of any part of the PropenYi or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender dctennines that any part of <br />the Propeny 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 thc lien or take one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />S. Hazard IDlurance. Borrower shall keep the improvements now existing or hcreafter crected on the Propeny <br />insured against loss by fire, hazards included within the lenn "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 thc insurance shall be chosen by Borrower subject 10 Lender's approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause, <br />Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proofofloss ifnol made promptly by Borrower. <br />Unless Lender and Borrowcr otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is economically feasiblc 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 noticc from Lender that the insurance carrier has <br />ofrered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to rcpair or restore <br />the Property 01' 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 applicalion 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 paragraph 19 the Propeny is acquired by. Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Propeny prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Prelenatlon IIDd Maintenance ofProperft'; Leueholdl. Borrower shall not destroy, damage or substantially <br />change the Property, allow the Propeny 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 10 Ihe Property, the leasehold and <br />fee title shall not merle unleu Lender agrees to the merger in writina, <br />7. Protection of Lender'. Rip.. In the Property; Mortpp Inlurance, If Borrower fails to perform the <br />covenants and aareemenls contained in this Security Instrumenl, or there is a legal proceeding that may significantly affect <br />LendeT's riabts in the Ptopcny (such as a proceedlnB in bankruptcy, probate. for condemnation or to enforce laws or <br />relulationl), then Lender may do and pay for whatever is ncceuary to protect Ihe value or Ihe Property and Lender's righls <br />in the Propeny. Lender's actions may include paying any sums secured by a lien which has priority ovcr this Security <br />Instrument, appearing in court, Ilaying reasonable attorneys' fees and cntcring on Ihc Property to makc repairs. Although <br />Lender may take action under this paragraph 7, Lender does not have to do so. <br />Any amounl. disbursed by Lendcr under Ihis paragraph 7 shall become additional debt of Borrower secured by Ihis <br />Security Instrument. Unleu Borrower and Lender agree 10 olher lerms of payment. these amounts shall bear interest from <br />the date of disbursemenl al Ihe Nole rale and shall be payable. with tnleresl, upon notice from Lender 10 Borrower <br />requestinl payment, <br />