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<br />88- 1052.14 <br /> <br />UNIFORM CoVENANTS Borrower and Lendercovenant and agr..", follows: <br />I. Paymenl of Principal and InlorOlI; Prepaymon' and Lalo Chars... Borrower shall promplly pay when due <br />Ihe principal of and interesl on lhc dcblevidenced by tbe NOle and any prepayment and lale charges due under the Note, <br />2. Fundi for Ta.OI and Insuranco, Subject 10 applicableiaw or to a written waiver by Lender. Borrower shall pay <br />to Lender on Ihe day monthly payments are due under tbe NOle, unlilthe NOle is paid in full, a sum ("Funds") equal to <br />one-.twclfth of: (a) yearly taxes and El5SeSsmcnts which may anain priority over this Security Instrumentj (b) yearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />manpge insurance premiums, if any. These items are called ucscrow items'" Lender may estimate the Funds due on the <br />basis of current data and reasonable estimates offuture escrow items. <br />The Funds sball be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />slate agency (including Lender if Lender is such an instilution). Lender shall apply Ihe 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 Jaw permits Lender 10 make sucb a charge. Borrower and <br />Lender may agree in writing that interest shan be paid on the 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 />shaD 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 security for the sums secured by <br />this Security [nslrumenL <br />If the amount of the Funds held by Lender, together with Ihe future monthly payments of Funds payable priorto <br />the due dates of the escrow items. shall exceed the amount required to pay the escrow items wben 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 />Upon payment in full of all sums secured by this Security Instrument, Lo:nder 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 tbe 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. Application of Payments. Unless applicable law provides otherwise, all payments rcceived by Lender under <br />paragraphs I and 2 shall be applied: fi"t, to late charges due under the Note; second, 10 prepayment charges due undcr Ihe <br />Note; third. to amounts payable under paragraph 2; fourth, I' . .lIeresl due; and last, 10 principal due. <br />4. Cbar1les; U..... Borrower sball pay alllllles. assessments, charges, fines and impositions attributable to the <br />Property which may attain priority. over this Security Instrument. 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 sball <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender aU 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 priorilY over this Security Instrument unless Borrower: (a) <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 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 any pan of the Propeny; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines 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 the lien or take one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />S. Huanllnaunnce. Borrower shall keep the improvements now existing or hereafter erected on the Propel1y <br />insured as.inst loss by fire, hazards included within thelerm "extended coverage" 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 subjcct to Lender's approval which shall 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 ,he right 10 hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender <br />aU receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Propeny damaged, if the restoration or repair is economically feasible and Lender's security is notlesscned. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shaD be <br />applied to the sums secured by this 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 insurance carrier has <br />offered to settle 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 this Security Instrument, whether or not then due. The 3O-day period wilt begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall nol extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If <br />under paragraph 19 the Propeny is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage 10 the Property prior to the acquisition shall pass to Lender [0 [he eAlent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preoenatiollud Maintenance of Properfr. Leaseholds. Borrower shall not destroy. damage or substantially <br />change the Propcn)', allow the Propeny to deteriorate or commit waste. If this Security Instrument is on a leasehold, <br />Borrower shall compJy with the provisions or the lease, and if Borrower acquires fee title to the Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. ProtectiOD or Lender'. Rigbts in the Property; Mortpge Insurance. If Borrower fails to perform [he <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or <br />regulations). then Lender may do and pay for whatever (s necessary to protect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority oller this SecurilY <br />Instrument, appearing in court, paying reasonabJe attorneys' fees and entering on the Property to make repairs. Although <br />Lender may lake action under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by Ihis <br />Security Instrument. Unless Borrower and Lender agree to other (erms of payment, these amounts shall bear interest from <br />the date of disbursement at lhe Nole rate and shan be payable, with mteresl, upon nollce from Lender 10 Borrower <br />requesting payment. <br />