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i <br />06 - 100256 <br />UNIFOttst Ctwt=.NAN rs Borrower and Lender covenant and agree as follows: <br />I. Payment of 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 for Taxes and Insurance. Subject to applicable law or to a writtc:: t.. %c r by Lender, Borrower shall pay <br />to Lender on the day monthly payments are due under the Note, until the Note is paid i,, full, a sum ( "Funds ") equal to <br />one - twelfth of: (a) yearly lazes and assessments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rents on the PropeRy, if any; (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 />shall apply the Funds to pay the escrow items. <br />state agency (including Lender if Lender is such an institution). Lender <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 pledi<;ed 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 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. 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 ttie deficiency in one or more payments as required by Lender. <br />Upon payment in fuN 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 1 and'-) shall be applied: first, to amounts payable under paragraph 2; second, to interest <br />due; and last. to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, 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 />ragraph. If Borrower makes these payments directly• Borrower shall promptly furnish to Lender <br />to be paid under this pa <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 in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Property: or (_) 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 />the Property 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 of tile actions set forth above within 10 days <br />of the giving of notice. <br />5. Hazard Insurance. Borrower shall keep the improvements r w existing or hereafter erected on the Property <br />insured against loss by tire, hazards included within the term "extended c wcrage" and ally 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 he chosen by Borrower subject io 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 />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 (oss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance 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 he lessened, the insurance proceeds shall be <br />applied to the sums secured by this 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 />offered to settle a claim, then Lender may collect ,lie insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pav sums secured by this Security Instrument, whether or not then due. I'he 30 -day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds tot principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and _' 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 Lender to the extent of the sums secured by this Security <br />instrument immediately prior to the acquisition. <br />6. Preservation and `Maintenance of Property; I.easehulds. Borrower shall not dcstn y. damage or suhsauitt.dly <br />change the Property, allow the Propcity to deteriorate or commit waste if ibis Security Instrument a nn a leasehold. <br />Borrower shall comply with the provisions of the lease, and if Borrower acgwres tee title to the Property, the leasehold and <br />fee title %hall not merge unless Lendcr agrees to the merger in writing. <br />7. Pruteetion of Lender's flights in the Property; Mortgage Insurance. If Bonower fails to perform the <br />covenants and agreements contained nt this Security Instrument, or there Is a legal proccedmg that niay significantly affect <br />o versa t rights r rile Pn,ptrrty (such as a proceeding tit bankruptcy, probate. for condenuuition or to enforce laws or <br />regulations), then Lendcr may do and pay for whatever is necessary to protect the %;title nl the lhoperty and Lcuder's right, <br />In the Property lender's actions may Include paying any sums secured by a 1!cn winch has pnonry over this Secwrty <br />Fa <br />Instrurnrnt, allpx.anng nt court, tmyucg rowo !able attorncps' fees mid entcIllig on the Properiv to make rcp:urs ,Nithcnihh <br />bender may take acnou undcv this p:n ay,rtph Lender does not have to do su <br />Arty anu,ususdishurscd by Lcndcf it. <br />ider this f irawfaph'shatl he +mu ,nlohlt atul doh! of Bof o,wu sc ufcd by tins <br />k•cunty (nstrunuv„ t I nlr.•ss Bo rmhet and I ender ttJee It: ,Ihcr 1cuns A f h,n m, nf. 01c "C ,niuunt..hall hi it n!t cfe"l fn.nn <br />flit dab.; nt ,I"kif 111cril at Iti, ti;,ie jai: ,tai si,all he t,.ieahh. a !h Intro .I nl' ni m ,i,r tr,nn i clod i h liras. „r! <br />cyuf•s!u,y. t,a%lnvltt <br />