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<br />88- 106576 <br /> <br />UNIFORM COVENANTS. Borrower u'1d Lender covenant and agree us follows: <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower sh:.J11 promptly pay when due <br />the: principal orand interest on the debt evidenced by the Note I.lnd any prcpnyment and lulc t.:hargcs due under the Note. <br />2. Funds for Taxes and Insurance. Subject 10 applicable law or to u written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments UTe due under the Note, until the Note is paid in full. a sum ("Funds") equal to <br />one-twelfth of: (n) :yenrl)' laxes nod assessments which may I1ltain priority over this Security Instrument; (b) ~Ienrly <br />leasehold pa,ymcnls or ground rents on the Property, if any; (e) yearly hazard insurance premiums; nnd (d) yearly <br />mortgage insurance premiums, if any. These items are called "escrow items:' Lender may 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 (induding 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 interest 10 be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lendei <br />shall give 10 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 hdd by Lender. together with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items. shall exceed Ihe amounl 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 monthl}' payments of Funds. If the <br />amounl oftt~ 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 lnstrument, 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 laler <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender 1.It 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 paymenls received by Lender under <br />paragraphs 1 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. to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes. assessments. charges. fines and impositions anributahle 10 the <br />Property which may attain priority over this Security Instrument. and leasehold paymenls or ground rents. if any <br />Borrower shall pay these obligations in the manner provided in paragraph 2. or ifnot paid in that manner. Borrower ~hall <br />pay them on lime direclly 10 the person owed paymenl. Borrower shall promptly furnish to Lender all notices of amount~ <br />to be paid under this paragraph. If Borrower makes these PR) ments directly. Borrower shall promptly fumi!!.h to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly di!iCharge any lien which has priority O\'er this Security Instrument unles~ Borrower: (3) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender: (b) contes(~ In (!ood <br />faith the lien by. or dcfc:nds agains1 enforcement of the lien in. legal proceedings which in the Lender's opinion operate 10 <br />prevent the enforcemenl of Ihe lien or forfeiture of any part of the Propeny; or (c) secures from the holder of Ihe hen an <br />agreement salisfactory 10 lender ~ubordinating the lien to Ihis Security Instrument. If Lender delennines that an)' pan of <br />the Propeny is liubjecl 10 a lien which may attain priority over this Securily Instrument. lender may gi\'e Borrower a <br />notice idenlifying the lien. Borrower shall satisfy the lien or take one or more of the actions sel fonh above within 10 da),"'!l. <br />of the giving of notice. <br />S. Hazard Insurance, Borrower shall kec:p the improvements now existing or hereafter erecled on the Propen~' <br />insured againslloss by fire. hazards incJuded within the term "extended coverage" and any other 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 pro\'iding the insurance sl1all be chosen by Borrower subject to Lender'!> approval which shall nOl be <br />unreasonably withheld. <br />AU insurance policies and renewals shall be acceplable 10 Lender and shall include a :c.tandard mongage dau!.C. <br />Lender shall have the righl to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender <br />all receipt!> of paid premiums and renewal notices. In Ihe event of loss. Borrower shall gi\'e prompt nOlice 10 the insurance: <br />carrier and Lender. Lender muy make proofofloss ifnol made promptly by Borrower. <br />Unlos Lender and Borrower olherwise agra: in writing. Insurance proceeds shall be applied 10 rot oration or repair <br />of the ProperlY damaged. if lhe restoration or repair i!!. economically feasible and lender'!, securilY is not lesstned. If the <br />re!Jtoralion or repair is no1 economicall}' feasible or Lender'!. security would be l~scncd. the insurance proceem. shall be <br />applied to the sums secured by this Security ln~trument. whether or not then due. wilh any excess paid to Borrower. If <br />Borrower abandons the Property. or does not answcr within 30 days u notice from Lender Ihal the insurance currier hmt <br />offered 10 settle a claim. Ihen lender may cotlecl the insurance proceeds. Lender may u!!.e Ihe proceeds to repair or restore <br />Ihe Properly or to pay sums secured by thi.. Security Imlrumenl. whelher ur nollhen due. The 3O-day period will begin <br />when Ihe notice is gi'..en. <br />Unless Lender and Borrower olherwise agree in wriling. any applicalion ofprocecds In principal shall nol eAlcnd or <br />postpone the due dale of the monthly payment!!. referred 10 in par,lgraphs I and 2 or change the amounl of the palmenl!!.. If <br />under paragraph 19 the Properl)' is acquired by Lender. Borrower's righl to any insurunce policies and proceeds re-ulling <br />from damage 10 the Propeny prior 10 the acquisition shall pa.'i.S to Lender 10 the extent of the ..urn!. secured by this Securil}' <br />Instrument immediately prior to the acquisition. <br />6. Presenltion and Maintenance of Property; Leaseholds. Borrower shall nol d~troy. damage or substantmlll <br />change the Propcny, allow the ProperlY to deteriorate or commil waste. If thi~ Security Inslrument is on a lea!!.ehold. <br />Borrower shall comply with Ihe provisions oflhe lease. and if Borrower acquires fee title to Ihe Properly. the: leasehold and <br />Fcc tulc shall nol merge unless Lender agrees to the merger in writing. <br />7. Protection or Lender's Rights in the Property; !\lorlg8Ke Insurance. If Borrowcr fails to flerform the <br />C'o\'ennnls and agreements contained in this Securily Instrumenl. or there I!'. a legal proccedmg lhal mu)o' sigmficantly affect <br />Lender's rights in the ProperlY (such as a proceeding in bankruplq. prohate. for condemnation or 10 cnforce law!>. or <br />regulutions), then Lender may do and pay for whale\'er is necessary to protecllhe \alue ofrhe Prupcrt)o' and Lender's right!> <br />in the: Property. Lender.s actions may include paying any sums secured b~.. a lien \\lhich ha!> pnonty mer Ihl!'. Security <br />In!!otrumcnt. appearing in court. pa)'ing rea!lllnable allorne)'s' ft<:s tlnd enlcTlng on the Pn1perl)' 10 make repair... Although <br />Lender may take action under this paragraph 7, Lender docs nol ha\.c 10 do !<oil <br />Any amounls disbursed by Lender under Ihis paragraph 7 shalll1ccnmc additIOnal dc111 ufBllrrnWL'r ..eL"urcd hy IhlS <br />Securily Instrumcnt. Unless Borrower und 1.cnder agree to olher terms (lfpayment, IhL'!>l' amount!> !ohall hear \lllc:rC!o1 from <br />the dale or dil;hursl'mcnt [II the Null' nllL' and lohull be payahle. \\llh II1ll'rL"1. UPllll IlIl11cL' fftlm Lender It, Anrro\\'cr <br />requesting payment <br />