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<br />i' <br /> <br />UNIFORM COVENANTS. Borrower and Lender covennnt and agree as follow~: 88-1 0498 Q <br />I. Payment oC Prlndpal and Int....t; Prepayment and Lale Charges. Borrower shall promPily pay when "il,',e <br />,he principal oCand intcr,",t on lhe deb' evidenced by the Note and any prepayment and late eharges due under the Note. <br />2. Funds Cor Tax.. and Insurance. Subject to applicable law or '0 a written waiver by Lender. Borrower shall pay <br />to Lender on the rtay monthly payments are due under the Note. until the Note is paid in Cull. a sum ("Funds") equal to <br />one-twelnh oC: (a) yearly tax,", and ass..sments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rents on the Properly. 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 the Funds due on the <br />ba.~is of current data and reasonable estimates offuture escrow ilems. <br />The Funds shan be held in an institution the deposits or accounts ofwhieh are insured or guaranteed by a federal or <br />stale 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 lhe Funds. analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interesl on the Funds nnd applicable Jaw permits Lender to make such a charge. Borrower nnd <br />Lender may agree in writing that interest shall be paid on the Funds, Unless an agreement is made or applicable law <br />requires interest 10 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 os additional security for the sums ~ecured by <br />this Security Instrument. <br />If the amount oC the Funds held by Lender. together with the future monthly payments of Funds payable prior \0 <br />the due dalcs 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 10 pay the escrow items when due, Borrower :;hall 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 aU sums secured by this Sl."Curity Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender, If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior to the sale of the Property or its ucquisilion by lender. any Funds held by Lender at the time of <br />application as a credit against the sums secured by thili Securily Instrument. <br />3. Application of Payments. Unless applicable law pmvides 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. Charges; Liens. Borrower shall pay all taxes. assessments. charges, fines and impositions attributable to the <br />Propcrty which may attain priority, over this Security Inslrument. and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligalions in the manner provided in paragrnph 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 10 Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly, Borrower ~halt promptly furnish to Lender <br />receipts evidencing the payments, <br />Borrower shalt promptly discharge any lien which has priority over this Security Instrumenl unless Borrower: (n) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcemenl of the lien in, legal proceedings which in the Lender's opinion operate to <br />prcvcnlthc cnforr;ement of the lien or forfeiture of any part of the Property; or (c) secures from lhe holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to Ihis Security Jnstrument. If Lender detennines thut an}' port 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 the tien or take one or more of the actions ~et forth above within 10 days <br />oflhe giving ofnoticc. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erecled on th~ Properly <br />insured against loss by fire, hazard~ included within the lerm "e...tended coveragc" 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 the insurance shall be chosen by Borrower subject 10 Lender's approval which shalt 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 noticl:S. In the event or loss. Borrower shall give prompt nolice to the insurance <br />carrier and Lender. Lender may make proofofloss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to re.'OIOTation or repair <br />of the Property damaged. if the restoration or repair is economically feasible and Lender's security is not lessened. If the <br />restoration or repair is not economically reasible or Lender's security would be lc..ssened, lhe insurance proceeds shall be <br />applied to Ihe sums secured by this Security Instrument, whether or not then due, with nny excess paid to Borrower. If <br />Borrower abandons the Property. or does not answer within 30 days a notice from Lender that the insurll~h;e carrier has <br />offered to seule a claim, then Lender may collect the insurance proceeds. lender may use the proceeds to rl"pair or restore <br />lhe :'!operty or 10 pay sums secured by this Security Instrument. whether or not then due. The 30.day period will begin <br />when lhe Dl,~ke is given. <br />Unless Lende; ~nd Borrower otherwise agree in writing, IIn}' application of proceeds to principal shall not extend or <br />postpone the due date of1he nll.-:.;:!hly paymenb rererred to in paragraphs I and 2 or change the amount of the paymenls. If <br />under paragraph 19 the Property is acqUIreD iJ, :"'=~.y.r RorrQwcr'~ right to any insurunce policil..'S nnd proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to i..(;~ric:r to the e;\tent of the sums secured by this Security <br />Instrument immedialely prior to the acquisition, <br />6. Preservation and 1\laintenam:e orPropertYi Leaseholds. Borrowel ..hull not destroy, damage or substanlially <br />change the Property. allow the Property to deteriorate or commit waste. If Ihis :..curity Instrument is on a leasehold, <br />'RoTTov..er shall comply with the provisions orthe lease. and if Borrower acquires fce lith.: to the Property, the leasehold and <br />fee title shall not merge unless lender agrees to lhe merger in writing. <br />'7. Protection 01 Lender's Rights in the Property; Mortgage Insurance. If Bon L'wcr fails 10 perform the <br />covenanlFo and agreements contained in this Security Instrument, or there i~ a legal proceeding thut l';"UY significantly affect <br />lender's rights in the Propcny (such as a proceeding in bankruptcy. probate. for condemnation or \.:' enforce law!'. or <br />regulations). then lender may do and pay for whatever is necessary to protect Ihe value orlhe Property and Lt~dcr'~ right!; <br />in the Property. lender's actions may include paying any sums secured by a lien which ha~ priorily over 1111~ ~'H;':~lril)' <br />Instrument, appearing in court, paying reasonable attorneys' fee!. and cOIering on the Properly 10 make n:pUlf'o. Although <br />Lcndermay take action under this paragraph i, Lender does nol ha\'e (0 do so. <br />Any amounts disbursed by Lender under this paragrnph 7 shall ~ome additional debt of [)lIrmwer ,c..:ureJ h~ Ihl' <br />Security Instrument. Unless Borrower and Lender agree to other term' of pay men I. thc~e lJmounl.. ,11<111 hcal' mlcn.." fWIlI <br />the date or dbbunc:ment al the Note rale llnd shall he payable. ".ltll ilill'r~t. upon n~IIIC't: frolll Ll."IIJCI h' Bllrftl\\"l'r <br />requc:51ing (laymen.. <br /> <br />I, <br />If! <br />fr <br />\' <br />i1:; <br />r:: <br />(" <br />f~t\'~ <br />I' <br />I <br />r <br />