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<br />gS- 105489 <br /> <br />UNIFORM COVENANTS Borrower and Lender covenanl.nd agree as follows: <br />1. pay..n, of Princlpoland Interest; Prepayment and Late C.bara.', Borrower shall promplly pay when due <br />Ihe principal of and interest on ,he debt evidenced by the Note and any prepayment.nd lale charges due under Ihe NOle, <br />1. F...... forT..... and IlIIUrlDCO, Subject 10 applicable law orto a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly JlIIyments are due under the Note, until the Note is paid in fuU, a sum ("Funds") equal 10 <br />one-Iwell\h of: (a) yearly taxes and assessments which may auain priority over Ihis Security Instrument; (b) yearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premium.; and (d) yearly <br />mortpac insurance premiums. if any. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of currmt data and reasonable estimales ofruture escrow items. <br />The Funds shall be beld in an institution Ihe deposils or accounts of which are insured or guaranteed by a federal or <br />.tate agency (including Lender if Lender is such an institulion), Lender shaU apply the Funds to pay the escrow items. <br />Lender may not cbarge for holding and applying the Funds, analyzing the accounl or verifying the escrow items, unl= <br />Lender pays Borrower interest on the Funds and .applicable law pcnnits Lender 10 make such a charge. Borrower Bnd <br />Lender may agrco: in wriling thaI interest ,hall be paid on the Funds. Unless an agreement is made or applicabl. law <br />requires interest 10 be paid, Lender shaU not be required to pay Borrower any interest or earnings on the Funds. Lend.r <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits Bnd debits to the Funds and the <br />purpose for which each debilto the Funds was made. The Funds are pledged as additional security for the sums secured by <br />this Security Instrument. <br />If the amount of the Funds h.ld by Lender, together with the future monthly paymenls 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 sufticicnLto pay the escrow items when due. Borrower shall pay to Lender any <br />amount necessar)' to make up the deficiency in one or more payments as required by LeQder. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund 10 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 />Ihan immedialely prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender atlhe time of <br />application as a credit against the sums secured by this SecLlrity Instrument. <br />3, Applleadon of PaymC1lIl. Unless applicable law provides olherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: fir.;t, to la:c charges due uuder the Note; second, to prepayment charges due under the <br />Note; Ihird, 10 amounts payable under paragraph 2; fourth, to interest due; .nd last, to principal due, <br />4. Cb.araes; UeDIi. Borrower shall pay all taxes, assessm~nts, charges, fines and impositions attributable to the <br />Propeny 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 thaI manner, Borrower shall <br />pay them on time directly to the penon owed payment. Borrower shall promptly furnish to Lender aU notices of amounts <br />to be paid under this paragraph. If Borrower makes Ihese payments direclly, Borrower shall promplly furnish to Lender <br />receipts evidencing Ihe payment.. <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 10 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 operale to <br />preventlhe enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an <br />agreemenl salisfaclory to Lender subordinating the lien 10 this Security Instrument. If Lender delennines Ihat any part of <br />the Property is subject La a lien which may attain priority over this Security Instrument. Lender may give Borrower a <br />notice identifying th. lien. Borrow.r shall salisfy the lien or take one or more of Ih. actions sel forth above within 10 days <br />of the giving of notice. <br />5. Huard ....tll'allee. Borrower shall keep the improvements now existing or hereafter erected on the Propeny <br />insured againstloos by fire, hazards included wilhin th.tenn .....ended coverage" and any olher 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 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 ahaIl have the right to hold Ihe policies and renewals. If Lender requires, Borrower shsll 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 La restoration or repair <br />of the Property damaged. if Ihe resloration or repair is economically feasible and Lender's security is not lessened. If Ihe <br />restoration or repair is not economicaUy feasible or Lender's security would be lessened. the insurance proceeds shall be <br />applied to Ihe sums secured by Ihit Security Instrument, wheth.r or nollhen due, with any e..... paid to Borrower, If <br />Borrower abandons the PropenYl or does nol an5wer within 30 days B notice from Lender that the insutance carrier has <br />ofren:d to tcttle. claim, then Lender may collect the in!:urance proceeds. Lender may use the proceeds 10 repair or restore <br />the Property or 10 pay sums secured by Ihi. Security Instrumenl, whether or not then due. The 311-day period will begin <br />when Ihe notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due dale of Ihe monlhly payments referred 10 in paragraphs I and 2 or change Ihe amounl of the payments. If <br />under paragraph 19 the Propcny il acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property priorlO the acquisition shall J>lSS' to LenderlO Ihe e.lent of the sums secured by this Securily <br />Inslrument immediately prior 10 Ihe acquisition. <br />6. -'adon and Malalolwlco ofP~; Leaaebolda. Borrower shall not destroy, damage or substantially <br />change the Property, allow Ihe Property 10 deleriorate or commil waste. If this Security Instrument is on 0 leasehold, <br />Borrower ,hall comply with the provisions of the lease. and if 8orrowt:r acquires fee tille to Ihe PropenYl the leasehold and <br />fee title shall not merge unless Lender 8gl'ea to thc merger in writing. <br />7. Pratec1IOII of Leoder'. R111b1l In the Property; Mortpao losurance. If Borrower fails to perfonn ,he <br />covenants and agreements contained in this Security Instrument, or then: is a legal proceeding thai may significantly aWecl <br />Lender', rights in tbe Propeny (such as a proceeding in bankruplCY, probatc, for condemnation or 10 enforce laws or <br />rqulationJ). then Lender may do and pay for whatever is necessary 10 prolect the value of the Property and Lender's rights <br />in the Propcny. Lender', actions may include paying any sums secured by a lien which has priority o\'er this Security <br />Instrument, appearinl in court. paying reasonable Ittorneys' fees Bnd entering on the Property to make repairs, Allhouga <br />Lender may take action under Ihi. paragraph " Lender does nol have to do so. <br />Any amounl. dishursed hy Lender under this paragraph 7 shall become additional debt nfBorrower secured by this <br />Security lnltrument, Unless Borrower IInd Lender agree 10 other lenns of paymenl. these amounts shall bear mteresl from <br />the dalc of disbursement It the Nole rale and shall be payable, wl1h Interest, upon notice from Lender 10 Borrower <br />requesUDI pII)'mc:nl. <br />