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<br />. 88- ~06984 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment or PrIncipal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. Funds ror Tn.. and Insurance. Subject to applicable law or to a written waiver by Lender, Borrowershall pay <br />to Lender on Ihe day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds'") equal to <br />one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Securit:; Instrument; (b) yearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insur""ce premiums; and (d) yearly <br />mortgage insurance premiums, if any. These items are caUed "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 beld 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 instilUtion). 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 shaD he paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to be .paid, Lender sball not be required to pay Borrower any interest or earnings nn 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 Instrument. <br />If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to <br />the due dates of tbe escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, <br />at Borrower's option. eitber promptly repaid to 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 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. If under 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 payments 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; fourtb. to interest due; and last. to principal due. <br />4. Chargesj Liens. Borrower shall pay all taxes, assessments, charges. fines and impositions attributable to the <br />Property which may auain 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 shan <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 payments. <br />Borrower !thaIl prumptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <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 enforcement 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 part of the Property: 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 an)' part of <br />the Property is subjL'Ct to a lien which may attain priority over this Security Instrument. Lender may give Borrower a <br />notice idcntifying the lien. Borrower shall satisfy the licn or takc one or morc of the actlons set forth above within 10 days <br />of the giving of notice. <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured ngainstlo~s by fire, hazards included within the tenn "cxtended covernge" and ::my other hazards for which Lender <br />requires insuram:c. lltis insurance shall be maintained in the amounts and for the periods thllt Lender requires. The <br />insurance carner providing I he insurance shall be chosen by Ilorrowcr subject to Lender's approval which shan not be <br />unreasonably withheld. <br />All insurance po1icie~ and renewals shall be acceptable to Lender and shall indude a standard mortgage clause. <br />Lender shall have the rigl1t to hold the policies and renewals. If Lender require.. Borrower shaH promptly give to lender <br />all receipts of paid premiums and rc:newal notices. In the event of los~. Borrower shall give:' prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss Ifnot made promptly by Borrower. <br />Unless Lender ~md Borrower otherWise agree 10 wnting. insurance proceeds shall be applied to restoration or repL.ir <br />of the Property damaged, if the restoration or repair IS L'ConomicaJly feasible and Lender's secunt).' IS not lessened. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be <br />applied to the sums secured by (hls Security Instrument. whether or not then due, with any execs.' paid 10 Borrower. If <br />Borrower abandons the I)roperty. or does not answer within 30 days a notice from Lender that the 1I1~urance carrier has <br />offered to settle a claim. then Lender may collect the in!turance proceeds. Lender may use the proceed!t to repair or restore <br />the Propert)' or to pay sums secured by this Security Instrument, whether or not then due. The 30.day period will begin <br />when the notice is given. <br />LJlless Lender and Borrower otherwise agree 111 writing, any application of proceeds to prindpal shall nOl extend or <br />postpone the due date of the mOll1hly payments referred to in paragraphs \ and 2 or ~hange the amount of Ihe payment!'!. If <br />under paragraph 1 q the Property is acquired by Lender, Borrowcr's right to any 1I1surance policies and proceed!'! resulting <br />from damage to thc Property prior 10 the acquisition shall pass to lender to the extent of the sums ~ecured by thl" Secun(y <br />Instrument immediately pnor to the acquisit: In. <br />6. Preservotion ond !\laintenancc of Property; Leaseholds. Borrower shall nol deslroy, damage or subslanllUlly <br />change the Property. allow the Propeny to deteriorate or commit waste. If th1s Security Instrument is on a leasehold. <br />Borrower shall comply with the provision~ of the lease, and if Borrower acquires fee title to Ihe Property. Ihe ler!sehold and <br />ree utic shall not merge unless lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property; \tortgn~c Insurance. If Rnrrnwer falls to perform the <br />covenants and agreements contained in thi~ Security Instrumenl. or there i:-. a legal proceeliing that may "olgOlfic.Jlltly affect <br />Lender's rights in the Property (such a~ a proceeding 111 bankruptcy. prubalc, for condemnation or tn enforce laws or <br />regulations), then lender may do and pay for whatever is necessary to protecl Ihe \'alue of Ihe Pn~reflY and Lender's rights <br />In Ihe ProperlY. lcnder'~ aclions may include paying any ~ums secured by a lien \\o.hil'h htl~ prlllrlly over thiS Secunl~' <br />Instrumenl. appearing in court, paying rCa!>onable allorneys' ft'es and e1Henng on the Prnprrty 10 tlwke rcpmrs. Although <br />Lender may take acllml under Ilw. paragraph 7. Lender does not 113\11." 10 do so <br />Any amnunls disbur!\cd by Lender under Ihl!. paragraph 7 shull become addlllonal dehl of Borrower ..t"cured by lhls <br />Secunty In..trulTIcnl. Unh:ss Borrower and Lender agree 10 other tern1S of puymenl. thl'''C UT1HHlIll'o shall bear lIlh..rt.-s1 from <br />the dale (If dl'ohur..emenl ill thc Note rilte and \hall be payable. with lmere's!. lIPUf) Iltllll"C fn'Dl Lcnder III Btlrf{l\\,C'r <br />rC4ucsl1t1g paymrnl <br />