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L <br />86-101777 <br />UNIWRM CQ4•ENAIVTS- Borrower and Lender :c > %cnant and agree as titliow,. <br />1. Payment of Principal and Interest; Prepayment and Late ('barges. Borrower shall promptly pay when due <br />the principal ofand interest on the debt evidenced by the Note and any prepastnent and late charges due under lilt: Note. <br />2. Funds for Taxes and insurance. Subject to applicable law or to a written w giver by Lender. Borrower shad] pay <br />to Lender on the day monthly payments are due under the \ore, until the Note is paid in full. a sun) ( "Funds') equal to <br />one- twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument: (b) %early <br />leasehold payments or ground rents on the Property, 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 Fund, due on Ih- <br />basis ofcurrent data and reasonable estimates of future escrow items. <br />The Funds shall he 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 Fund,. 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'ts additional security for tile• 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 flue, the cxccss 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 sufncient 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 lime 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; fourth, to interest due: and last, to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines 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 1— 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 directly, Borrower shall promptly furnish to Lender <br />receipts evidencing the payment,. <br />Borrower shall promptly discharge any lien which has priority over [his Security Instrument unless Borrower: (s) <br />agrees in writing to the payment of the obligation secured by the hen 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 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 the actions set forth above within 10 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 loss by fire, hazards included within the term "extendci! c n•erage" 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 />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 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 be lessened, the insurance proceeds shalt 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 the insurance proceeds. Lender may use the proceeds to repair nr restore <br />the Property or to pay sums secured by this Security Instrument. whether or not then due. The �0 -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 />pos. 1pon. the due date of the monthly payments referred to in paragraphs 1 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 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; Leaseholds. Burrower shall not destroy. damage or substantca!y <br />change the Property, allow the Property to deteriorate or commit waste. if this Security instrument IN ,rn a ic•asehold, <br />Borrower shall comply with the pro%roons of the lease, and if Borrower acquires fee title to lilt- Property. the leasehold and <br />fee titleshall not merge- unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property: Mortgage Insurance. It' Borrower fails to perform the <br />covenants and agreements contained in this Secure Instrtunent, or there is a legit proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce Taws 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 map include paying any sums secured by a lien which has priority orcr tills Secnrlt\ <br />Instrument, appearing in court, paying reasonable attorneys' feeN and entering on the Properh to to akc• repairs. Although <br />Lender may take action under thii paragraph'. Lender dtvw not have to do so. <br />Any aruiunts disbursed hp L.cotdcr cinder till, paragraph 'shall become ❑ddtnnna! debt oI fiorrcnvcr ,ew7red hs t his <br />Security Instrument Unless K,rrnwCr and Lender Agree In cab; r i<tnns o! pacmcnt, ;ilea ,nnonnls <ha!1 hear nticn•v from <br />the date of disbursement at the \111e rate and stealt he p,nahie. wi,li ttt:'rest. ;i!am n qi,: 'mitt I e•ndcr t�• Hntt.,wrt <br />l"Ilsesting Inryn5eni <br />W <br />