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<br />88- 103920 <br /> <br />UNIFORM COVENANTS, Borrower and lender covenan't and agree as follows: <br />1. Payment or Principal and Interest: Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal of and inlerest on the debl evidenced by the Note and any prepayment and late charges due under the Note. <br />Z. Funds ror Taxes and Insurance. Subject to applicable law or to a wrillen waiver by lender, Borrower shall pay <br />to lender on the day monthly payments are due under the Note. until the Notc 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 />mortgage insurance prcmiums, if any. These items are called "escrow items." lender may estimate lhe Funds due on the <br />basis of currenl data and reasonable estimates offuture 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 lhe escrow ilems. <br />Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interest on lhe 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 agrecment is made or applicable law <br />requircs inlcrest to be paid, lender shall not be required 10 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 securilY for the sums secured by <br />this SecurilY Instrument. <br />If the amount of the Funds held by lender, together with the futurc monlhly payments of Funds payable prior to <br />the due dales 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, cither promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the <br />amount of the Funds held by lcnder is not sufficient to pay Ihe 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, lendcr shall promptly refund to Borrower <br />any Funds held by lender. If under paragraph ]Q the Property is sold or acquired by lender, lender shall apply, no later <br />than immediately prior to the sale of the Propcrty or its acquisition by lendcr, any Funds held by lender at the time of <br />application as a credit against the sums secured by this Security Instrument. <br />3, Applieation of Paymenl.. Unless applicable law provides otherwise. all payments rcceived 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 intcrcst due; and la.t. to principal due. <br />4. Chal'\ll!Si Liens. Borrower shall pay all taxes. assessmcnts. charges, fines and impositions amibutable 10 the <br />Property which may allain priority over this Security Instrument. and leasehold payments or ground rents. if any. <br />Borrower shall pay these obligations mthe manner provided in paragraph 2, or if not paid in that manner, Borrower shall <br />pay them on time direnly to the person owed payment. Borrower shall promptly furnish to lcnder all notices of amounts <br />to be paid undcr this paragraph, If Borrower mllkes these payments directly, Borrower shall promptly furnish to lender <br />receipts evidencing the payments, <br />Borrower shall promptly discharge any hcn which has priority over this Security Instrument unless Borrower: (II) <br />agrees in writing to the payment of the obhgallon secured hy thc lien in a mllnner acceptable to lender; (b) contests in good <br />faith the lien by, or defends against 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 .my part of the Property; or (cl secures from the holder of the Iicn an <br />agreement satisfllclOry to lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />the Property is subject 10 a lien whIch may atlain priortly over this Security Instrument. Lender may give Borrower a <br />notice identifying the lien. Borrower shall salisfy the hen or take one or morc ofthc IIctions set forth above within JO days <br />of the giving of notice. <br />5. HBZlIrd Insurance. Borrower shall keep the improven..,..ts now existing or hereafter erected on the Property <br />insured against loss by fire. hazards included within the tcrm "extended "'lVeruge" and any other hazards for which lender <br />requires insurance, This insurancc shall be maintamed in the Ilmount' and for the periods that lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's IIpproval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acecptable to Ler,Jcr IInd shall include a standard mortgagc clause. <br />Lender shall have thc right to hold the poliCIes and renewals, If lencl,er requires. Borrower shall promptly give to lender <br />all receipts of paid premiums and renewal notices. In the event of10',s. Borrower shall give prompt notice to the insurance <br />carrier and Lender. lender may make proof oflrn.s if not made promptly by Borrower, <br />Unless lender and Borrowerothcrwise agree in writing, msurance proceeds shall be applied to restoration or rcpair <br />of the Property damaged, if the resloralion or repair is economically 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, thc insurancc proceeds shall be <br />applied to the sums secured by this Security Instrument. whether or not then due, with any excess paid 10 Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from lender that the insurancc carrier has <br />olfered to setllc a claim, then lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by lhis Security Instrument, whether or not then due, The JO,day period will begm <br />when the notice is given. <br />Unless lender and Borrowcr 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 alllount oflhe payments. If <br />under paragraph 19 the Property is acquired by lender. Borrower's right to any insurance policies aod proceeds resulting <br />from damage to the Property prior 10 the acquisition shall pass to lender 10 the extent of the SUIIIS secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation aod Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or commit waste. If this Security Instrumcnt is on a leasehold. <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee title to the Property, the leasehold and <br />fee title shall not merge unles.. lender agrees to the mcrger in writing. <br />7. Protection of Lender's Ri(lhts in the Property; MortllBge In"uranee. If Borrower fails to perform the <br />covenants and agreements containL-d in this Security Instrument, or Ihere IS a legal proceeding IhatlllllY slgnificllntly IIlTect <br />Lender's rights in the Property (such liS a proceeding io bankruptcy. probate. for condemnation or to enforce laws or <br />regulations). then lender may do and pay for whatever is necessary to protect the value of Ihe Property and lender's riglm <br />in the Property. lender's actions may include paying any SUIIIS secured by a lien which has pnonty (I\er thIS SecUrtll <br />Instrument. appearing in court. paying rea'lmable IIt1orney" fees and entering on Ihe Propcrty 10 mukc ropm.- Althl1\1gh <br />lender may take action under IhlS paragraph 7. Lender doc.,; 1101 haw to do so, <br />Any amounts disbursed by lender under thlS paragraph 7 .hail become addllional dchll1f' Bommcr ,c,'ur,'d hI It", <br />Security Instrument. Unless. Borrower and Lender agree to other tcrm'S nf paymcnl. Ihe'c an1tlUnl" ,hall hear tnlrfl>,t fnlrn <br />the date of disbuf!rCmC'nl ol the Note rate LU1d '\hl.lll be pu)ahlc. with IJIlcrest. uplm 11011L.'C frllm L',~nJt.'r 111 Bnrnml"r <br />requesting payment. <br />