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<br />88-1057192 <br /> <br />UNIFORM COVENANTS Borrower and Lender covenant and agree as follows: <br />1. Pa}'tI1cnt of Principal Bnd Interest; Prepayment Bnd Lute Charges. Borrower shall promptly puy when due <br />lhc principal of and interest on the debt evidenced by the Note and nny prepayment and lnle charges due under the Note. <br />2. Funds ror Taxes and Insurance. Subject to applicable law or to 11 written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments are due under the Note. until the Note: is paid in full, n sum ("Funds") equnllo <br />,me-twelfth of: (a) yearly UUtes and assessments which may attain priority over this Security Instrument; {b} yearly <br />JensehoJd payments or ground rents on the Propeny, if anYi (c) yearly hazard insurance premiums; Bnd (d) yearly <br />mortgage insurance premiums, if WlY. These items Brc called "cscrow items. ,. Lender may estimate the Funds due on the <br />basis of current dala and reasonable estimates offuture escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state 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 the Funds, analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and <br />Lender may agree in writing that,interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires intere$t to be paid, Lender shall not be required to pay Borrowcr 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 as additional security for 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 shan promptly refund to Borrower <br />any Funds held by Lender. Ifunder paragraph 19 the Propeny is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior to the sale of the Propeny 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 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; founh, 10 interesl due; and las~ to priocipal due. <br />4. Charges; Liens. Borrower shall pay all taxes, 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 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 underthis paragraph. If Borrower maJces these payments 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 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 thc 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 Propeny; or (c) secures from the holder of tbe lien an <br />agreement satisfaclOry 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 JO days <br />of the giving of notice. <br />S. Hazard 11ISUI'IIDce. Borrower shall keep the improvements now existing or hereafter erecled on the Property <br />insured a.gainst loss by fire, hazards in..ludcd within the tc:rm "extended 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 />insuran!;C carrier providing the insuran!;C shall be: chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals sball be acceptable to Lender and shall include a standard mongage 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 notices. In the event of Joss. Borrower sball give prompt notice to the insurance <br />carrier and Lender. Lender may malee proof ofIoss if not made promptly by Borrower. <br />Unl:ss Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Prnpeny damaged. if the restoratioo or repair is ecooomically feasible and Lender's security is nol lessen"". If the <br />restoration or repair is not economically fe.asible or Lender's security would be lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrummt, whether or nOI 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 lostrument, whether or nOI then due. The 30-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to ~rincipal shall not extend or <br />po5lpooe the due date of the monthly payments referred to io paragraphs I and 2 or change the amount of the payments. If <br />uoder paragraph 19 the Propeny is acquired by Lender, Borrower's right 10 any insurance polities and proceeds resulling <br />from damage to the Propeny prior to tbe acquisition shall pass to Lender 10 the extent of the sums secured by Ihis Security <br />Instrument immediatdy prior to the acquisition. <br />6. Preservation and Maiateaance of Property; Leaseholds. Borrower shall not destro}'. damage or substantially <br />change the Propeny, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, <br />Borrower shall comply with the provisions of the lc:asc.. and if'Borrower acquires fee title to the Propcny, the leasehold and <br />fee ~itle shall not merge unless Lender agrees to the merger in writing. <br />7, Protectioo of Lender'. RiplS in the Property; Mortgage Insurance. If Borrower fails to perform Ihe <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly deet <br />Lender's righlS 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 is necessary to protect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums securoo by a lien which has priorit}. Q\'er this Security <br />Instrument, appearing in coun, paying reasonable attorneys' fees and entering on the Propeny (0 make repairs. Although <br />Lender may take action under this paragraph 7, ~der does not have to do so. <br />Any amounts diibursed by Lender Imder this paragraph 7 shall become additional debt of Borrower secured by [his <br />Securi1)' Instrument. Unless Borrower and Lender agree 10 other terms of payment. these amounts shall bear imeresl from <br />the date of disbunemen1 at the Note rate and shall be payable, with interest. upon notice from Lender to Borrou:er <br />requesting payment. <br />