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<br />., <br /> <br />88- <br /> <br />104471 <br /> <br />UNJFORM COVENANTS. Borrower and Lender covenant and agree as rollows: <br />1, Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal of and interest on the dcbt evidenced by the Note and any prepayment and latc chargcs due under thc Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender. Borrower sball pay <br />to Lender on the day monthly payments are due undcr the Note, until thc Note is paid in full. a sum ("Funds") equal to <br />onc-twelfth of: (a) yearly ta.es and assessments which may attain priority over this Security Instrument; (b) ycarly <br />leasebold payments or ground rents on the Property, if any; (c) ycarly hazard insurance premiums; and (d) yearly <br />mortgage 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 institUlion the deposits or accounts of which are insured or guaranteed by a federal or <br />state agency (including Lender if Lendcr is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not chargc for holding and applying the Funds, analyzing the account or verifying the cscrow 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 intercst shall be paid on the Funds. Vnlcss an agreemcnt is made or applicable law <br />requires interest to be paid, Lender shall not 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 ~howing credits and debits 10 the Funds and the <br />purposc for which each debit to thc Funds was madc. Thc Funds are pledged as additional security for the sums secured by <br />this Security Instrument. <br />If the amount of thc Funds held by Lcnder, together with the 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 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. 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 />Vpon payment in full of all sums secured by this Security Instrument. Lcnder shall promptly rcfund to Borrower <br />any Funds hcld hy Lendcr. If under paragraph 19 thc Propcrty is sold or acquired by Lender, Lender shall apply, no later <br />Ihan immediately prior to the sale of the Property or its acquisition by Lender. any Funds held by lender at the time of <br />application ac; a credit againstlhe sums secured by this Security Jmilrument. <br />3. Application of Pay men Is. Vnless applicable law p.ovides othcrwise, all payments recei,cd by Lender under <br />paragraphs I and 2 shall be applied: first. to late charges due under the Note; second. to prepayment charges duc under the <br />Note; third, to amounts payable under paragraph 2; fourth. to intcrest due; and last. to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes. assessments. charges. fines and impositions attributable to the <br />Property which may attain priority over Ihis Security (nslrument. and leasehold paymenls or ground rents. if any. <br />Borrower shall pay these obligations in the mannl:r provided in paragraph 2. or ifnut paid in thai manner. Borrower shall <br />pay them on timc directly to thc person owcd payment. Borrower shall promptly furnish to Lendcr all nOllces of amounls <br />10 be paid under this paragraph. If Borrower mak", these payments direct I)", Borrower shall promptly furnish '0 Lender <br />receipts evidencing the payments. <br />Borrower shall promplly discharge any lien which has pnonty O1,.cr thi~ SeeunlY Instrument unle!'os Borrower: (3) <br />agrees in writing 10 the payment of the obligation !o.ecurcd by the hen 111 a manner acceptable to lender: (b) contests in good <br />faith the lien by. or defends against ellfnrcemcnt of the hen 111. legal proceedings which In the lender'~ opinion operate to <br />prcvcnt the enforccment of thc Iico or forfctlurc uf any part of the Propert)": or (c) secures from the holder of thc lien an <br />ugreement satisfactory to lcndL'f !\ubnrdmallng the lien to thi~ Security Instrument. (flcnderdt'lermines Ihat any part of <br />the Property is subjecl to a lien whtch mal. altam pnonty owr Ihts Security Instrument, Lendcr may gl\e Borrower a <br />notice identifying the lien, Borrower ..hall satisfy the lien or take one or marc of the actions sel forth abo\'e wilhin 10 days <br />oflhe giving ofnoticc. <br />S~ Hazard Insurance. Borrower shall keep Ihe impro\'emems now c,;isting or hereafter ereclcd on the Propcny <br />insured against loss by firc, hazards included within the term "e..ended co,erage" and an)" other hazards for which Lcnder <br />requires insurance. This insurance s.hall be mainlained in the amounts and for the periods Ihat lender requires. The <br />insurance carrier providing the insurance ,hall be chosen hy Borrower SUbjCL"t 10 lender'" approval which shall nol be <br />unrcasonabIy withheld. <br />All insurance poliCies and renewals shall be acceptable 10 lender and shall mclude a slandard mortgage clause <br />lender shall haye the right 10 hold the poticie. IInd rcnewab, Jf lender n:qum:s. Borrower shall promplly give to lender <br />all receipts of paid premIUms and renewal notlceo.-,. In the even I of los~. Borrower ~hall give prompt notice to Ihe insur,J.I1ce <br />carrier and Lendcr. Lender may make proof of loss if not madc promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in \\'nllng. in,urance proceeds shall be applied to resloraljon or repair <br />of the Property damaged. If the resluration or repair is economlcull)i' feasible and Lender's securil)' is nol lo~n~. If the <br />restoralion or repair is not econollucally feasible or lender's security would be lessened. the insurance proceeds ,hall be <br />applied to the ~um:-. sc:cured b) this St;Cunty Instrument, whether or nol then due. with an)' excess paid to Borrower If <br />Borrower abandons Ihe rroperty, or does nOl answer within 30 day!t n nOlice from Lender Ihat the in!turancc cameT ha:-. <br />offered to seule a claim. then lender may collect the insurance proceeds. lender may use the proceeds (0 rep:ur or rotare <br />the Property or to pay sums secured by tilis Secunty Instrument. whether or nOlthen due The 3D-day p"flod w,1I begm <br />when the notice i!'i given. <br />Unless lender and Borrower otherwise agree In wriling. any appJication of proceeds to pnnclpal !\haJl nol eXlend or <br />postpone Ihe due date of the monthly payment~ reft.~rred to in par3graphs 1 and 2 or change 1he amounl of the payment!'>. If <br />under paragraph 19 Ihe Properly is acquired b)' Lender, Borr(lwer's nght 10 an)' in~urance pohcles and proceed~ rt:!'oultmg <br />from damage to Ihe Propeny prior to the acquisition shall pass to Lender to the e,lllent of rht: ..urn:'> "iecun..-d b~ IIIIS Set;unlY <br />Instrument immediately prior to the acqUlStl10n. <br />6. Preservation and i\laintenancc of Property; Leaseholds. Borrower shall not de!'llnJY. damage or ~ub~lantlall) <br />change the Property. allow the Property to deteriorate or commit was.te. If IhlS Security In"itrument is on a leasehold. <br />Borrower shall comply with the provisions oflhe lease. and if Borrower acquirL"S fee litle to Ihe Propeny. the lea~ehold and <br />fee title shall not merge unless lender agrees 10 Ihe merger in wrillng. <br />7, ProCeclion of Lender's Rights in the Propert).; ;\'lort~age Jnsurance" Jf Borrower fall:,> h"'l perform the <br />covenants and agreements contained in this Security Instrument. or I here IS illegal proceeding Ihat ma) 'tlgnificantly alfect <br />Lender's rights in the Property (such as a proceeding in bankruptcy. probate. fLlr ('ondcmnallllll or to l.'nforce law, or <br />regulations). then Lender may do and pay for whate\'er i!t necessary to prolecllhe \alue of the Property and Lender.... righl!'t <br />in the Property. Lender's action!> may include paymg any !o.um!\ !o.ecured hy a hen whl1.:h ha\ prlOrll) l1\t:r Ihl~ SecurIl) <br />Inslrument. appearing in courl, paying reason;:lble allorne)'s' fees and enlerIng (ll1lhc Prtlpl.:rt~ Itl makL' n:palT'.. Although <br />Lender may take action under Ihis paragraph 7, lender does not ha\-c to do so <br />Any umounts disbursed by lender unde:r Ihls paragraph 7 shall become addlllonal deht of HorTtl\\ cr ,ccureJ h~ thl' <br />Security [nstrumcnt. Unle-.s Borrower and Lender agree: to other lerms of puynJt:l1t. I h"-....c anwuTll' ..h:l1! ",,-".Ir mll.'It'.., ffllm <br />Ihe date of disbursement at the Note rate and ..hall he payahlc. with IIIteresl. up<ln Tllllll.:'C frtlm I enJer 1(1 florrtmer <br />requesting payment, <br />