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<br />88- 105296 <br /> <br />UNIFORM COVENANTS norrower and Lendercovcnnnt nnd agree UlI folio"',; <br />I. I'aymenl of !'rlnelpa' and Inlerest: !'repayment and Late Charges. Borrower ,hall promplly pay when ;llIe <br />the principal orund interest on the debt evidenced by the Note and any prcpn)'mCnl and latc charges due under the Note. <br />2. Funds for Taxes and Insuram:c. Subject 10 applicable law or to n wrillen waiver by Lender, narrower 5111111 PU)' <br />to Lender on the day monthly payments arc due under the Note, until the NOle is paid in full. a sum ("Funds") equal 10 <br />onc.tweInh of: (n) yearly taxes nnd nss.cssments which mny attain priority oyer this Sccurily Instrument; (b) yenrly <br />leasehold payments or ground rents on the Property, if nnYi (e) yenrly hazard insurance premiums: nnd (d) yearly <br />mortgage insurance premiums, if any. These items are called "escrow items." Lender OldY estimate the Funds due on the <br />bnsisofcurrent data and reasonable estimutes of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which urc insured or guaranteed by n federal or <br />slote agency (including Lender if lender is such on institution). 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 interesl on the Funds and applicable law permits Lender 10 mllke such a charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless on agreement is made or applicable law <br />requires inlerest to be paid, lender shall nol be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall g!....e 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 fat: the sums secured by <br />this Security Instrument. <br />If the amount of the Funds held by Lender, 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 />Upon payment in full of aU sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender, If under poragraph 19 the Property is sold or acquired by Lender. Lender shall opply, no loter <br />than immediately prior 10 the sDle of the Property or its acquisition by Lender, any Funds held hy Lender at the time of <br />opplication as a credit against lhe sums secured by this Security Inslrument. <br />3. Application of Payments. Unless applicable law p!O\lides olherwise, all payments received hy Lender under <br />paragraphs I and 2 shall be: applied: first, to late charges due under the Nole; second. to prepayment charges due under the <br />Nole: Ihird, to amounts payable under paragraph 2: fourth. to interest due: and last, to principal due, <br />4, Chargesj Liens, Borrower shall pay all taxes, assessments. charges, fines and impositions attributable to the <br />Property which may altain priority.over this Security Instrument. und leasehold payments or ground rents, if any. <br />Borrower sholl pay these obligalions in the manner provided in paragraph 2, or if not paid in that manncr. Borrower shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these paymcnts directly, Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrumenl unlL-ss Borrower: (u) <br />ogrees in writing to the payment of the obligation secured by the lien in a manner acceptable 10 Lender: (h) conlests 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 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. (fLcnder determines thai any part of <br />tbe 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 or notice. <br />S. Hazard Insurancc. Horrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term ""extended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in Ihc amounts und for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borro\\'er subject 10 lender's approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shaH be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have Ihe right to hold the policies and renewals. If Lender requires, Borrower shall promptly give In Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shaH give promptl1otice to the insurance <br />carrier and Lender. Lender mBY 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 Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the <br />restomtion or repair is nol economicaUy feasible or Lender's securily would be lessened. the insurance proceeds shall 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 docs not answer wi1hin 30 days a nOlice from lender that the insurance carrier has <br />offered 10 settle B claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or 10 pay sums secured by this Security Instrument. whether or not then due. The 3D-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not exlend or <br />postpone the due date oflhe monthly payments referred to in paragraphs 1 and 2 or change the amounl of the payments. If <br />under paragraph 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 acquiC:ltion shall pass to lender 10 Ihe extent of the sums secured by this Security <br />Instrument immediately prior to the acquisiti 'n. <br />6. PresenBtion and !\faintenBnc:e of Property; Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or commit waste. (fthis Security Instrument is on 11 leasehold. <br />Borrower shall comply with the provisions of the lease, and if Borrowcr acquires fee title tn rhe Property. the leasehold and <br />fee title shall not merge unless Lender agrees 10 the merger in writing. <br />7. Protection of Lendcr's Rights in the Property; !\lortgage Insurance. If Borrower fails II) perform the <br />covenants and agreements contained in this Security lnstrument, or there i!\. a legal proceeding thai may significantly affect <br />Lender's righls in the Propert}' (such as a proceeding in bankruptcy, probale. for condemnation ..or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to prolect the value of the Property and Lender', righh <br />in the Prop.:rly. Lender's actions may include paying Bny sums secured by a lien which has priority ,wcr this Sccurlly <br />Instrumenl, appearing in court. paying reasonable 3ltOrneys. fcc!\. and entcring on Ihe Property III make rcpair!<t. Although <br />Lender may lake action under this paragraph 7, Lender docs not ha\'e tll do so, <br />Any amounts disbursed by Lender under this paragraph 7 shall become additIOnal debt of Ilorrtlwcr !\.ccured hy thiS <br />Securi1Y instrument. UnlC!>s Borrower and Lender agree 10 other lerm!lo of payment. Ihcse amount" ..hall bear 1II1crc~t fr-ml <br />the dale of disbuP.ocmcnl nl Ihe Note rale llnd shall he payable. with inlerest. upon flU!ll'l. from 1 cnJer II' Rornnn.'r <br />requ~l1ng paymenl <br />