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<br />88- 106649 <br /> <br />UNIFORM COVENANTS Borrower and Lender covenant and agree us rollows: <br />I. Paymtnl or Principal and l.t....l; Pr<P1ymtnl and l.ate Charges. Borrower shall promptly PRY when due <br />the principal DrUId interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />1. fundi for Tuesaad Insurance. Subjecl10 applicable law or 10 D wrincn waiver by Lender, Borrower shall PBY <br />to Lender on the day monthly payments an: due under the Note, u"tilthe Note Ir- paid in full, It sum ("Funds") equal to <br />onc--twctnh or: (.) yearly .."cs and assessments which may auain priority over this Security Instrumenlj (b) yearly <br />I....hold payment' or ground rents on Ihe Properly. ir any; (c) yearly hazard insurance premiums; and (d) yearly <br />monpae insurance premiums. irany. These items are called "escrow ittms." Lender may estimate the Funds due on the <br />basis ofcurrcnl data and reasonable eslimtltes affuture escrow items. <br />The Funds shall be held in an institution the deposiu or accounts of which are insured or guaranteed by a rederal or <br />stale .....cy (including Lender if Lender is such an institution). Lender shall apply the Funds to psy the escrow items. <br />Lender may not charse ror holding and applying Ihe Funds, analyzing the account ur yerirying the escrow items, unless <br />Lender pays Borrower interest on the Funcb and spplicablc law pennits Lender to make such a charge. Borrower and <br />Lender may agree in writing Ihat interest shall be paid on the Funds. Unless an agreement is made or appUcahle law <br />requires interest to be paid, Lender shall not be required 10 pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower, without chargc,11I1 annual accounting oftl.lc Funds showing credits and debits to the Funds 8"ld the <br />purpose for which each debit to the Funds W8.!i made. The Funds arc p(edgcd as additional security for the sums secured by <br />this Stcurity Instrument. <br />If the amount orthe Funds held hy Lender, together with the ruture monlhly paymenu of Funds payable prior lu <br />the due datCi of the escrow items, shall exceed the amount required to pay the escrow hems when duct the excess shall be, <br />at Borrower's option. either promptly repaid 10 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 tbe 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 10 Borrower <br />any Funds held hy Lender. !funder paragraph 19 the Property is sold or acquired by Lender. Lendershall apply, no later <br />than immediately prior 10 the sale of the ProperlY or its acquisition by Lender, any Funds held by Lender at the time or <br />application as a credit Bgainst the sums secured by this Security Instrument. <br />3. AppUcall.. Dr Pay..tnll. Unless appUcable law pmyides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first. to late charges due under the Note; secuud, 10 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. CIIartta; lie... Borrower shall pay all taxes, assessmenU. charges, fines and impositions allributable to the <br />Property whicb may attain priority. over this Security Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obUgations in the manner provided in paragraph 2, or ifnot paid in Ihat 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 />10 be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender <br />receipts evidencing the paymen'ts. <br />Borrower shall promptly discharge any lien which has priority oyer this Security Instrumenl unless Borrower. (a) <br />agrees in writing 10 the paymenl orthe obUgation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faith tbe lien by, or defends against enforcement of the lien in, legal proceedings wbich in the Lender's opinion operate to <br />prevent the enforcement or the lien or forfeiture or any pari or the Properly; or (c) secures from the holder of the lien an <br />agn:cment salist'actury to Lender subordinating the lien to this Security Instrument. IrLender detennines that any part or <br />tbe Propeny 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 oftbe actions set forth above within 10 days <br />of the giving or notice. <br />5. Huard Insu.ruee. Borrower shan keep the improvcments now existing or hereafter erected on the Property <br />insured againstlnss by fi.... hazards included wilhin the Ienn .'extended coyerage" and any other hazards ror which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Bonower subject to Lender's approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall ioclude a standard morlgage clause. <br />Lender shall baye the right 10 hold the poUcies and renewals. If Lender requires, Borrower shall promptly giyeto Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof ofloss ifnot made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied 10 restoration nr repair <br />or the ProperlY damaged. if the restoration or repair is economically feasible and Lender's security is notlcsscned. If the <br />reslOration or repair is not economically feasihle or Lender's security would be lessened, the insurance proceeds shall be <br />applied to the sums secured by tbis Security Instrument, whether or not 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 />olrered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Properly or to pay suma secured by this Security Instrument, whether or not then due. The 3Q-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly paymenU referred to in paragraphs I and 2 or change the amount of the payments. !f <br />under paragrapb 19lhe Property is acquired by Lender, Borrowcr'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 extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. ~Il.. and Malntenanee or ProperJi'; Leuebolda. Borrower shall not destroy, damage or substantially <br />change the Propeny, allow the Propeny to deteriorate or commit waste. If this Security Instrument is on a leasehold, <br />Borrower shall comply with the provisions oftbe lease. and if Borrower acquires fee titJe to the Property. the leasehold and <br />fee tille ahall not merge unless Lender agrees to the mUICf in writing. <br />7. PrcrtecIl.. or Lender', R1gbta in the Property; MOrl_ I..uranee. Ir Borrower fails 10 perfonn lhe <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender', rights 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 Propeny Bnd Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Inslruman, appearing in court, paying reasonable atlomcys' fees and enlering on the Property to 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' shall become additional debt of Borrower secured by Ihis <br />Security Instrument. Unless Borrower and Lender agree to other tenns of payment. these amounts shall bear interest from <br />the date of dilbunement al the Note rale and shall be payable. with mterest, upon notice from Lender 10 Borrower <br />reqUC5tinl payment. <br />