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<br />88_106285 <br /> <br />UNIFORM COVENM'ITS "orrower and Lender cOyenanl and agree us follows: . <br />1. Paymenl or Prlnelpal and Inlere51; Prepaymenl and Lale Charge5, "orrower shllll promplly pay when due <br />.he principal of and intere", on .he deb I eyidenced by the NOle and any prepaymentllnd laic chllrges due under the NOlc. <br />2. Funds ror Taxes and Insurance. Subject 10 applicable law or to II written waiver b)' Lender, Borrower shall pay <br />to Lender on the day monthly payments are due undcr the Note. until the Note is paid in full, a sum ("Funds") equllllo <br />one..twcInh of: (n) yearly laxes and assessments which may attain priority over this Security Imurument; (b) yenrly <br />leasehold payments or ground rents on the Property, if any; (c) yellrly hazard insurance premiums; and (d) ycarly <br />mortgage insurance premiums, if any. These items are called "escrow items." lender may estimate the Funds due on the <br />basis OreulTeDI data and reasonable estimates offuture escrow items. <br />The Funds shall be hdd in an institution the deposirs or accounts of which are insured or guaranteed by a federal or <br />S1ale 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 yerifying 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 interest to be paid. Lender shaH not be required to pay Borrower any interest or earnings.on the Funds. Lender <br />shall give to Borrower. without charge, an annual accounting oflhe 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, logether wilh Ihe future monlhly payments of Funds payable prior 10 <br />the due dates ofthe escrow items, shall exceed the amount required to pay the escrow items when due, the exce.fiS shall be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on momhly payments of Funds. If the <br />amnunl of the Funds held by Lender is not sufficient to pay the escrow ilems 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 shllll promplly refund to "orrower <br />any Funds held by Lender. Ifunder paragmph 19 the Property is sold or acquired by Lender. Lender shall apply, no later <br />than immediately prior to the sale of lhe Property or its acquisition by Lender, any Funds held hy Leader at Ihe time of <br />applicarion as a credit against the sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise, all paymenrs 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 amounlS payable under paragraph 2; fourth. to interest due; and last, to 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 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 under this paragraph. If Borrower makes these payments directly, "orrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Securiry Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligarion secured by tht 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 />preyeot the enforcemcnt of the lien or forfeilure of any part of the Propcrly; or (c) secures from Ihe holder of the lien an <br />agreement satisfaetory to Leader subordinating the lien to this Security Instrument. If Lender detennines that any part of <br />Jhe Property is subject to a lien which may attain priority over Ihis 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 />oflhe 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 "ex1ended coverage" and any other hazards for which leuder <br />requires insurance. This insurance shall be maimained in the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shalJ be chosen by Borrower subject ro Lender's approval which shall nol be <br />unreasonably withheld. <br />AU insurance policies and renewals shall be acceptable to Lender and shall include a standard morlga.ge clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires, "orrower shall promptly give 10 Lcnder <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall gh'c prompt notice to the insurance <br />carrier and Lender. Lender may make proof ofJoss ifnot made promptJy by Borrower. <br />Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair <br />or the Property damaged. if the restoration or repair L'i economicalJy feasible and lender's security is not lessened. If the <br />restoration or repair is not economicaJly feasible or lender's security would be lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Insrrument, whether or not then due, with any excess paid to Borrower. If <br />Borrower abandons the Propeny. or does not answer within 30 days a notice from Lender that the insurance carrier has <br />offered to seule a claim, then Lender may collecl the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Securiry Instrument. wheth("r or not then due. The 30-dny period will begin <br />when the notice is given. <br />UnJess 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 of1he payments. If <br />under paragraph J9 [he Property is ac']uired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the exrent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Presenation and 1\laintenance or Property; LeasehoJds. Borrower shall not destroy, 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 of1he lease. and irBorrower acquires fee title to the PropeI1)o', lhe leasehold and <br />fee title shall nOI merge unless Lender agrees to 1he merger in writing. <br />7. Protection or Lender', Rights in Ihe Properly; MortllllKe Insuranee. If Borrower fails to perfonn the <br />covenants and agrt!emenls contained in this Security Instrument. or there is a legal proceeding thai ma)' significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemna1ion or 10 enforce laws or <br />regulations), then Lender may do and pay for whatcveris necessary [0 protect the \'ulue of1he Propeny and Lender's rights <br />in the: Propeny. Lender's actions may include paying any sums secured by a lien which has priorilY over this Securiry <br />Instrumcnl, appearing in coun, paying reasonable attorneys' fees and entering on rhe Property 10 make repairs. Although <br />Lender may take 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 dehr of Borrower secured by I his <br />Security Instrument. Unlos Borrower and lender agree 10 other lenn~ of payment. thL""e' am(lunt'i. ...haJJ bear intere!'t frLlm <br />the date of disbursement al lhe Nole rate and shull be payable. "'ith interest, upon notice from lender 10 Dnrwwer <br />requCSollng payment <br />