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<br />88- 105879 <br /> <br />wNIFC'RM COVENA~TS Borrower Hod lender covenant and agree us [ollm...'..: <br />I. Pa)'mcnt or Principal and Interest; Prcps)'mcnt ond Latc Charges. Borrower shall promptly pay when due <br />Ihe principal orand interest onlhc debt evidenced by the Nole and any prepayment and hlle charge!! due under the Nute. <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a writlen wui\'cr by Lender, Borrower shull pay <br />10 Lender on the dny monthly puyments urc due under the Note. until the Note is paid in full, It sum ("Funds") equal to <br />one-twelfth of: (u) yearly taxes nnd aSsessments which may attain priorilY over this See-uril)' Inslfumenl: (b) yearly <br />leasehold payments or ground rcnls on the ProperlY, if any; (c) yearly hazard insurance premiums: and (d) yearly <br />mortgage insurance premiums, ifany. These items arc called ..escro..... items," Lender may estimate the Fund!> due on the <br />basis of current data Ilnd reasonable estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which arc insured or guaranteed by a federal or <br />slate agency (including Lender if Lender is such nn institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not chnrge 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 Dn the Funds. Unless an agreement is made or applicable law <br />requires interest to be paid, Lender shall not be required to puy Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits und debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds arc pledged as udditionul ~ecurity 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 Fund!'. 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 10 Borrower or credited to Borrower on monthly paymenls 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, Lender shall promptly refund to Borrower <br />any Funds held by Lender. Ifunder paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior to the 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 pllyments 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; fourth, to interest due; and last, 10 principal due, <br />4. Charges; Liens, Borrower shall pay all taxes. assessments. charges, fines and impositions attributable to the <br />Propeny which may attain priority. over this Security ]nstrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay Ihese obligations in the manner provided in pnragruph 2, or if not paid in thul manner, Borrower shall <br />pay them on time directly to the person owed payment. Borrower !>hall promptly furnish l~l lender ull 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 nny lien which has priority over this Security Instrument unless Borrower: (al <br />agrees in writing to the payment afthe 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 Ihe lien in, legal proceedings which in the lender's opinion opemte to <br />prevent the enforcement of the lien or forfeiture of any part of the ProperlY; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />the Property is subject to a lien which may altain priority over this Security ]nstrument. Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the action!> set forth above within to days <br />of the giving of notice. <br />5. Hazard Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "cxtended coverage" and any other hazards for which Lender <br />requires insurance. This insurnnce shall be maintained in the umounts and for the periods thut Lender requires. The <br />insunmce carrier providing the insurunce shall be chosen by Borrower subject 10 Lender's apprO\lal which shall not be <br />unreao;onably withheld. <br />All insurance policies and renewal!i shull be acceptable to lender and !'.hall include a fjtandard mortgage clau!'.e. <br />Lender shan 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 cvent of loss, Borrower shun give prompt notice to the insurance <br />carrier and Lender. Lender mny make proof ofloss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall he applied to restoration or repnir <br />of the Property damaged. if the restoration or repair is economically feasible and Lender's security is nol Ie.'isencd. Jf the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds !oohall hI.' <br />applied to the sums secured by this Security Inslrument, whether or not then due, with an~ e"lces~ paid to Borrower. If <br />Borrower abandons the Properly, or does not answer within 30 day~ a notice from Lender that the insurance currier ha~ <br />offered to settle a claim, then Lender may collect the insunmce proceeds. Lender may use the proceeds to repair or rcstnre <br />the Property or to pay sums secured by this Security Instrument. whether or not thcn due. The 3D-da)' period will begin <br />when the notice is given. <br />Unless Lender and Borrower o1herwise agree in writing, any application of proeeeJs to principal shall not extend or <br />postpone Ihe due dale of the monthly payment!'. referred 10 in paragraphs I and 2 or change the amount of the payment!'t. If <br />under paragraph t g the Property is acquired by Lender, Borrower's right 10 any insurance policies and proceeds rc!'tulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument immedintely prior 10 the acquisition. <br />6. Preservation and Mplntenance or Propertyj Leaseholds. Borrower shall not deMmy, damage or substantiully <br />change the Propeny, nllow the Propen)' to deteriorute or commit waSle. If this Securinr In!\trument is on a Icu.sehold. <br />Borrower shall comply with the pfflvisions ufthe lease, and if Borrower acquires fee litle 10 Ihe Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property; l\Iortgn~e Insurance. If Borrower fails to pcrf(lrm Ihe <br />covenants and agreements containc..-d. in this Security Instrument. or there i... a legal proceeding that may signlficanlly affect <br />Lender'", rights in the Property (such as a proceeding in bankruptcy, probate. for condemnation or 10 enforce law!'t or <br />regulations), then Lender may do and pay for \",.hatever is necessary to pTlltecl the value of the Property amJ Lender's rights <br />in the Property. lender's uction!'t may include paying allY sums ..ccurcd ny :l lien which has priont)' over ttm Security <br />Instrument, appearing in courl, paymg reasllnable attorneys' fees and enlcring onlhe Property III make repair" ,'\Ithllugh <br />Lender may tuke action under Ihis paragraph 7, Lender docs not have to do!-oo <br />Any amounls disbur!'.cd hy Lender undcr this pamgraph 7 shall heCtlt1le :uJdiliUlUlI dehl (If Bornmcr ..ecUTl.J hy ttw, <br />Secunty Instrument. llnlc..-s... Borrower and Lender agree to other lerm.. {lfpa)mcnl. lhe!oe anHIUIII... !'thall hear Illlere..1 fnHll <br />the dote of dishur!-ocmcnl al ltu: Nutc rate and ..hall ht: payuble. \\llh 1I11t.'rc..1. llJ11111 nollce from l.t.'IH.kr III Bnrn\\\'cr <br />r~que"tlng payment. <br />