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101198 <br />UNIFORM Covt:v. Nis'. Borrower and Lender covenant and agree as follows: <br />- <br />1. Payment of Principal and Interest; Prepayment and We 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 />Z. Vwids for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender on the 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 Security instrument: (b) yearly <br />leasehold payments or ground rents on the Property, if ant; (c) yearly hazard insurance premiums: and (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 (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 shall be paid on the Funds. Unless an agreement 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 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 the escrow items, shall exceed the amount required to par the escrow items when due, the excess shall be, <br />at Borrower option. either 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 item=_ 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, Lander 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 1 and 2 shall be applied: fiat, 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, chargm lines and impositions attributable to the <br />Property 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 dircc-tiv. Bcrrrtwer shall promptly furnish to Leader <br />receipts evidencing the payments. <br />Borrower shall promptly 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 to 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 any part of <br />j <br />the Property is subject to a lien which may attain prionty over this Se=rtty Instrument_ Lender may give Borrower a <br />` <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within IQ days <br />of the giving of notice. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against less by fire, hazards included 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 providing the insurance shall be chosen by Borrower 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 include a standard mortgage clause. <br />s <br />Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to 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 Linder. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, tnsurancr proceeds shall be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is economically feasible and Lender's security 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 this Security Instrument, whether or not ter duc. with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 10 days a notice from Leader that the insurance carrier has <br />offered to settle at claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument. whether or not thrn due. The 3o day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing. any applicaticm of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments_ If <br />under paragraph 19 the Property is acquired 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 Leader to the extent of the sums secured by thif Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy-, damage or substannally <br />change the Property, allow the Property to deteriorate or commit waste_ If this Security Instrument is on a leasehold <br />Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and <br />fee title shaft not —1— 1 —4., ---k- <br />7. Protection ofTLendees Rights in the Property; Mortgage Insurance. If Borrower fails to perform the <br />covenants and agreements contained in this Sccunty instrument. or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnation or to enforce faws <br />or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and 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 />of <br />Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under i his paragraph 7. Lender does not have to do so. <br />Ashy amounn disbursed by Lender under this paragraph ? shall become additiomal debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of these bear interest <br />payment. amounts shall from <br />the date of disbursement at the Note rate and shall be payable, with interest, upon notice from. Lender to Borrower <br />requesting payment. <br />