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<br />UNIFORM COVENANTS. Borrower !ond Lender covenant and agree as follows: 88_ 10 4452 <br />1. Payment of PrIncipal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal of and inleresl on the debl evidenced by Ihe Note and any prepayment and late charges due under the Note. <br />2. Funds for Tues and lnaurance. Subject to applicable law OrlO 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-t~ie!fth of: (a) yearly taxes and assessments which may attain priority over this Security Instrumenl; (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 items are called "escrow items." Lender may estimate Ihe 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 />state agency (including Lender if Lender is such an institulion). Lender shall apply the Funds to pay the escrow items. <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 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 agreemenl is made or applicable law <br />requires interest 10 be paid, Lender shall not be required to pay Borrower any inlerest or earnings on the Funds. Lender <br />shall give 10 Borrower, withoUI charge, an annual accounling of the Funds showing credits and debits 10 the Funds and the <br />purpose for which each debit to the Funds was made. The Funds are pledged as additional security for Ihe sums secured by <br />this Security Instrument. <br />If the amount of the Funds held by Lender, together with the fUlUre 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 when due. the excess shall be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly paymenls 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 pa)'IIIents as required by Lender. <br />Upon payment in full of all sums secured by this Security Instrumeot. Lender shall promptly reCund 10 Borrower <br />any Funds held by Lender. lfonder paragraph 191he Property is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior to the 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. AppUeatloa of Paymeata. 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. 10 prepayment charges d". under Ihe <br />Note: third, 10 amounts payable under paragraph 2: fourth, to inlerest due; and 1asl, 10 principal due. <br />of. Charaes; Ueaa. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable 10 the <br />Property which may attain priority. over this Security Inslrument, 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 which has priority over Ibis Security Instrument unless Borrower: (a) <br />asr- in writing to the payment of Ihe obligation secured by the lien in a manner acceptable 10 Lender; (b) conlests in good <br />faith the lien by, or defends against cnforcement of the lien in, legal proceedings wbich in the Lender's opinion opente 10 <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 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 th. lien or take one or more of Ihe actions sel forth above wilhin 10 days <br />of the giving of notice. <br />5. HuanI......I'8IICe. Borrower shall k~ the improvements now e"isting or hereafter erected on Ihe Property <br />insured against loss by fire, hazards included within theteno "e"tended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be mainlained in the amounts and for the periods Ihat Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subjecl to Lender's approval which shall nol be <br />unreaaonably withheld. <br />All iosurance policies and renewal. shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender IhaII have the rishtto hold Ihe policies and renewals. If Lender requires, Borrower shall promptly give 10 Lender <br />all m;cipll of paill premium. and renewal nOlices. In the event of loss, Borrower shall givc promPI notice 10 the insurance <br />carrier and Lender. Lender OIly make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower olherwi.. agree in writing, insurance proceeds shall be applied to restoralion or repair <br />of the Property damaged, if the restoralion or repair is economically feasible and Lender's securily is nol lessened. If Ihe <br />\'CItonllion or repair i. not economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br />applied to the suml secured by thl. 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 insulance carrier has <br />oII'ered to seltle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds 10 repair or restore <br />the Property or to pay sumlsecured by this Security Instrument, whether or nol then due. The 3ll-day period will begin <br />when Ihe notice is given. <br />Unless Lender and Borrower otherwi.. 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 amounl of the payments. If <br />under (llIflI8raph 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 Lender 10 Ihe exlent of Ihe sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Presenatlon ud MalntelWlce of Proper>>'; Leaeholds, Borrower shall nol destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or commit waste. If Ihis Security Instrument is on a leasehold, <br />Borrower shall comply with Ihe provisions Dfthelease, and if Borrower acquires fee litlelo the Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protec:t1oa of I..eDder's Rlpta ia the Property; Mortplle Insurance. If Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's righls in Ihe Property (such as a ;>roceeding in bankruptcy, probate, for condemnation or 10 enforce Jaws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value ofthe Propeny and Lender's rights <br />in the Propeny. Lender's actions may include paying any sums secured by a lien which has priorily oyer this Security <br />Inslrument, appearing in court, paying reasonable allomeys' fees and entering on the Property 10 make repairs. Although <br />Lender may take action under t!lis paragraph 7. Lender does nol have to do so. <br />Any amounts disbursed by Lender under Ihis paragraph 7 shall become additional debt of Borrower secured by Ihis <br />Security Instrument. Unless Borrower and Lender agree to other lenos of payment. these amounts shall bear inlerest from <br />the date of disbursement al the NOle rate and shan be payable. with inleresl. upon nOlice from Lender to Borrower <br />requesting payment. <br />