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<br />S\\- 105043 <br /> <br />UNIfORM CoVENANTS. Borrower and Lender covenant and agree as follows: <br />I, PBJ_t of PrIncipal ...d Interest; Prepayment ...d Late Charges, Borrower shall promplly pay when due <br />the principal of and inleresl on the debt evidenced by the NOle and any prepayment and late charges due under lhe Nole. <br />2, FUQdI for Tues and Insurance. Subjccttoapplicable law or to a wrillen waiver by Lender. Borrower shall pay <br />to Lender on the day monthly payments are due under the Note, untillhe Note is paid in full, a sum C"Funds") equal 10 <br />one-twelfth of: Ca) yearly taxes and assessments which may altain priority over this Security Instrument; Cb) yearly <br />leaaehold payments or ground rents on the Property, if any; Cc) yearly hazard insurance premiums; and Cd) yearly <br />mortp&e insurance premiums. if any. Tbese items are called "escrow ilems." Lender may estimate tbe Funds due on the <br />basis of current data and reasonable estimales offuture escrow items. <br />The Funds shall be beld in an inslilution Ibe deposits or accounts of which are insured or guaranlced by a federal or <br />state agency (including Lender if Lender is such an institulion). Lender shall apply the Funds to pay the escrow ilems. <br />Lender may nOI charge for holding and applying the Funds, analyzing the account or verifying tbe escrow ilems, unless <br />Lender pays Borrower interest on Ibe Funds and applicable law permils Lender to make such a charge. Borrower and <br />Lender may agree in wriling thai interesl shall be paid on Ihe Funds. Unless an agreement 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 orthc Funds showing credits Bnd 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 tbe sums secured by <br />this Security Instrument. <br />!fthe amount oFlhe Funds held by Lender, logether with tbe 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 shaU be. <br />at Borrower's option. either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the <br />amount ofthe Funds held by Lender is not sullicientto pay the escrow items when duc, Borrower shall pay to Lender any <br />amount necessary to make up the deficiency in one or morc payments as required by Lender. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. !funder paragraph 19 the Property is sold or acquired by Lender, Lendershall apply, no later <br />than immediately prior to the sale of Ihe Property or its acquisition by Lender. ony Funds held by Lender attbe lime of <br />application as a credit against the sums secured by this Security Instrument. <br />3. Appllc:adOll or Paymeata, Unless applicable :'w provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: firsl, to late charges due under the Note; second, 10 prepayment charges due under the <br />Note; third, 10 amounts payable under paragraph 2; fourth, 10 interest due; and last, 10 principal due. <br />4. Cbaraes; U..... Borrower sball pay all taxes, assessments, charges. fines and imposilions attribulable 10 the <br />Property which may auain priority. over this Security Instrument, and leasehold payments or ground rents, ii any. <br />Borrower sball pay these obligalions in the manner provided in paragraph 2, or if not paid in lhat manner, Borrower slulJl <br />pay them on time dircctly to lhe person owed payment. Borrower shall promptly furnish to Lender all nolices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promplly furnish '0 Lender <br />receipts evidencing the payments. <br />Borrower shall promplly discharge any lien which has priority over this Security Instrument unless Borrower: Ca) <br />"8fl:CS in writing to Ihe 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 againsl enfon:ement of the lien in. legal proceedings which in Ihe Lender's opinion opera.e to <br />prevenl the enforcemenl of the lien or forfeiture of any part of the Property; or (c) secures from tbe holder of the lien an <br />agreanenl satisfactory to Lender subordinaling the lien to this Security Instrumenl. !f Lender determines thai any part of <br />the Property is subjecl to a lien which may attain priority over this Security Instrumenl, Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisry the lien or take one or more of the actions set forth above within 10 days <br />of the givingofnotice. <br />5.. Huard lDaunDce. Borrower shall keep the improvements now e.x.isting Dr hereaftcr crected on the Propeny <br />insured againslloss by fire, hazards included wilhin Ihe term "exlended coverage" and any olher hazards for wbich Lender <br />requin::s insurance. This insurance shall be maintained in thc amounts and for the periods that Lendcr requires. The <br />insumnce carrier providing the insurance shall be chosen by Borrowcr subject to Lendcr's approval which shall not be <br />unreasonably withheld. <br />All insu....ce policies and renewals slulJl be accep'Able to Lender and ,hall include a standard mortgage clause. <br />Lender shall have the righl to hold Ihe policies and renewals. If Lender requires, Borrower shall promplly give '0 Lender <br />all receipts of paid premiums and renewal nolices. In Ibe evenl of loss. Borrower ,hall give prompt notice to the insurance <br />carrier and Lender. Lender may makeproofofloss ifnot made promptly by Borrower. <br />Unless Lender and Borrower otherwise q;ree in wririna. insurance proceeds shall be applied to restoration or repair <br />of the Property damaged. if the rcstoraliOll or repair is economically feasible and Lender's securilY is nol lessened. !f the <br />rcstorlltion or repair is not economically reasible or Lender', secu,ilY would be lessened, the insurance proc=ds shall be <br />applied to Ihe sums secured by this Security Instrumenl, whether or nol Ihen duc, with any excess paid to Borrower. If <br />BolT'O'Wef abandons the Property. or docs not answer within 30 days a notice from Lender that thc insurance carricr has <br />olferal to setlle a claim, then Lender may collcctlhe insu...... proceeds. Lender may use the proceeds 10 repair or restore <br />the Property or to pay sums secured by this Security Instrument, whelher or not then due. The 3().day period will begin <br />when the IKIIice is liven, <br />UnIeu Lender and Borrower otherwise agree in writing. any application of proceeds 10 principal shall nol extend or <br />postpone the due date Gf the monthly payments referred to in paragraphs I and 2 or change the amount of the paymenlS. If <br />under parapapb 19 lhe Property is acquired by Lender. Borrower's right 10 any insurance policies and proceeds resulling <br />from damqe 10 the Property prior to the _uisition sbaII pass to Lender 10 lhe extent ofthe sums secured by thIS Securi.y <br />Instrument immediatcJy prior to thc acquisition. <br />6, ___doa..... MaiJlleIwIee orProperJr; Lcaacbolda. Borrower shan nol dcslroy, damage or subs.an.ially <br />change the Property, allow the Property to deteriorate or commit wasle. If this Security Instrumen. is on a leasehold, <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee title to the Propeny, the leasehold and <br />f~ title slWI not merge unless Lender agrees 10 tbe merger in writing. <br />7. PruleeIIooo ur ........a RiPta in tile ~ Mortp&O I...uraace. If Borrower fails '0 perfonn the <br />c:ovcnantl and q:rccmcnts contained in this Security Instrument, or there is a lepJ proceeding that m.y significantly atrccl <br />Lender's riJbu in the Property (such as. . proc:ccdinS in bankruptcy. probate. for condemnallon or 10 enforclt laws or <br />reaulationl), then Lender may do and pay for whatcver is necessary to protect the vaJue of the Propeny and Lender's nght!o <br />in the Property. Lender's actions II1IIY include paying any sums secured by a Jicn which has pnonly o'ler Ihls Secunty <br />Instrument, appearin& in coun. paying reasonablc attorneys' fees and entenng on the Propcny to mak~ rcpalrs. Although <br />Lender may take action under this p&ralraph 7. Lender docs not halJC to do foO. <br />Any amounlJ disbuncd by Lender under this paragraph 7 shall become additional debt of Borrower !tCCurcd by thl50 <br />Securily Instrumcnt. Unlcu Borro,..er and Lendcr agree 10 other ICnDS of payment. thC50e amount50 50hall bear mlercst from <br />tbe: datc of dDbuncmcnt at lhe Note ratc and shall be payable. Vo'llh mlcreit, upon notice from Lendcr to Borrower <br />_'m, plymenl <br />