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<br />88- 106572 <br /> <br />UNIFORM COVENANTS Borrower and Lender covenant nnd agree as follow!.: <br />I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal orand interest on the debt evidenced by the Note and any prepnymcnlllnd late charges due under the Nole. <br />2. Funds for Tuxes and Insurance. Subject to applicable law or 10 a wrilten waiver by Lender. Borrower shall pay <br />10 Lender on the day monthly payments are due under the Notc, unlil the Note is paid in full. a sum ("Funds") equal 10 <br />olle-twelfth of: (n) yearly taxes and assessments which may attain priorit)' over this Security Instrumenl: (b) yearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums: and (d) yearly <br />mongage insurance premiums, if any. These items are called "escrow items." lender ma)' estimate the Funds due on the <br />basis of current data and reasonable estimates of future 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 shalJ be paid on the Funds. Unless an agreem~nt is made or applicable law <br />requires interest to be paid, lender shall not be required to pay Borrower 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 l'1strument. <br />If the amount of the Funds held by Lender, together with the future mop.i.hly 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. [fthe <br />amounl 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 10 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. (funder 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 againsl the sums secured b}' this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs 1 and 2 shull 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. to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes. assessments, charges. fines and impositions attributable to the <br />Property which may atlain 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 direclly 10 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 directl}'. 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: (3) <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 the lien by, or defends against enforcemenl 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 pan of the Property; or (c) secures from the holder of the lien an <br />agreement satisfaclory 10 lender subordinating the lien to this Securily Instrument. If Lender detennines that any pan of <br />the Property is subject 10 a lien which may attain priority over this Security Inslrument. Lender may give Borrower a <br />notice identifying the lien. Borrower !.halJ satisfy the lien or take one or more of the aClion!. set forth abO\'e within 10 da)o's <br />of the giving of nOlice. <br />5. Hazard Insurance. Borrower shall keep the improvements no\\' existing or hereafter erected on the Property <br />insured againslloss by fire, ha7..3rds mcluded within the tcnn "exlended coverage" and any other hazards for which Lender <br />requires insurance, Thi!. 11l!turnm.:e ~hall be maintained in the amounts and for Ihe periods thai Lender reqUIres. The <br />insurance carrier providing Ihe msurance !.hnll be chosen b)' Borrower subject 10 Lendcr'!<f approval which shall not be <br />unreasonably withheld, <br />All insurance policle!. and rClle-wal!o. ~hall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall hove the nght to hold the pohci~ and renewals, If Lender requires, Borrower shall promptly give 10 lender <br />aU receipts of paid premiums and renewal notices. In the event of I~, Borrower shall gi\'e prompt notice to the insurance <br />carrier and Lender. Lender ma)' make proof nflo!ls ifn01 made prompll,y by Borrower. <br />Unless lender and Borrower olhel'wi!>e agree in wn1ing, insurance proceeds shall be applio:lto rc:storotion or repair <br />of the PropcnJo' damaged. if the resloration or repair is economicaJly feasible and Lender's security is not lessened. If 1he <br />restoralion or repair is not economically feasible or Lender's sccurit}' would be lessened. the insurance proceeds shall be <br />applied to the sums sr-cured b)' Ihls Securily Instrument. whether or not Ihen due. \\;Ih any excess paid to Borrower. If <br />Borrower abandons the Propeny, or docs not answer within 30 days a notice from lender thai the insurance carrier has <br />offered to seltle a claim. then lender may collect the insurance proceeds. lender may use the proceeds to repair or restore <br />the PropeRY or 10 pay sums secured by this Security Inslrument. whether or nnt lhen due. The 3D-day period will begin <br />when the notice i!l given. <br />Unless Lender and Borrower 01herwise agree in writing, an)' apphcntillR of proceeds to principal shall not e:r;lend or <br />postpone the due date of the monthly payments referred to in paragraph!! I and 2 or change the amount oflhe payments. If <br />under paragraph (glhe Property is acquired by lender. Borrower's right 10 any insurance policies and proceeds resulting <br />from damage to the Property prior to lhe acquisilion shall pass to lender 10 Ihe exlent of the sums !iccured b}' this Sccunt)' <br />Instrument immediately prior 10 (he acquisition. <br />6, Prnen.tion .nd l\l8intenanc:e of Propert)1 Leaseholds. Borrower shall not destroy. damage or ~ubstantially <br />change the Property, allow the Property to deteriorate or commit waSie. If thiS Security Instrument is on a leasehold. <br />Borrower shall comp'>' v.;th the provisions of the lea."ic. Bnd if Borrower acquire!> fee title tn the Pmpeny. the leasehold and <br />fee title shall nol merge unless Lender agrees to the merger in wriling. <br />7. Proleclion or Lender's Rights in the Property: Mortgage Insurance. If Borrower fails to perform the <br />covenants and agreements contained in this Securily Instrument. or there IS a legal proct.."Cding that may significantl}' affcct <br />Lender's rights in the PropeRY (such as a proceeding in bankruplc)'. probate, for condcmnation or to enforce laws or <br />regulations). then Lender may do and pay for whale\'er is necessary to protect the \"Dlue of the Properly and lender'.. righb <br />in thl: Propeny. Lender's actions may include paying any sums secured b}' a lien which ha!o. priorit)' o\'cr this SecurilY <br />Instrument. appearing in court, paying reasonable attorneys' fces and entenng on Ihe PropCrl}' 10 make rcpain.. Although <br />Lender ma~' lake uL'tion under this paragraph 7. Lender does not ha\'c 10 do so <br />Any amounts disbun.cd by lender under lilts paragraph i ,hall become additIOnal delll of Borro\\'cr ..ecured by thIS <br />Security Instrumenl. Vnlcs,," Borrower and lender agree 10 other term" (lffla~menl, the!te am(lunt!t "hall hear inlere-st from <br />the date of dl!.hur!tcment al the Note ntc and shall he payable, wllh 1I1tL'rL"1, urnn nolieI.' frum lender tll Bnrruwer <br />requestlOg payment <br />