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103708 <br />86-- <br />IiNlve"OoM COvrN -11- Borrower and Lender covenant and agree 3%tohow% <br />I. Payment of Principe and interest; Prepayment and Late Charges. Borrower %hail prtutiptly pay when slue <br />the principal of and interest on the dent evidereced by the Nolcand any <br />prepayment ;end late chargr% due under t ite Note <br />2. Funds for Tones sod lnxt tin ee. Sulyeet to applicable law or to a writ te-, ,.%cr by Lender. Borrower %hall pay <br />to Lender on the day monthly payments are due under the Note, until the Note is p.wo m full, a sum ("Fund%') equal to <br />one - twelfth of: (a) yearly lanes and assessment-, which may attain prir•r+ty over this Security Instrument, (hl yearly <br />Ilzcsehohd payments or grouted rents on the Property, if any; (c) yearly hazard insurance premiums: and (d) yearly <br />mortgage insurance premiums, if any. These items art called "escrow Items " Lender may e%rimalc the Funds due on the <br />hasis olcurrent data and reasonable estimate- affuture escrow items. <br />The Fundsshall he held in an inatitutiten the deposits or accounts of which are insured or guaranteed by a federal or <br />slate agency (including lender if Lender is such an mstifulinn). Lender shell 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. Burrower 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 10 be paid. Lender shall not he required to pay Borrower any interest or earnings nn the Funds. Lender <br />shall give In Burrower• without charge, an annual accounting of the Funds showing dchtts <br />credits and to the Funds and the <br />purpose for which each dchit ur the Funds was made. The Funds are pledged a% additional security for the %ums %ecurcd by <br />this Security Instrument. <br />If the amount of the Funds held by lender, together with the future monthly payments of Fund% payable prior to <br />the due dates of the escrow items, shall exceed the amount required in pay the c%crow' Item% when dire, the excess %hall be. <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payment,; of Fund% If the <br />amount of the Funds held by lender I% not sufficient In pay the escrow Item% when due. Borrower shall pay to Lender any <br />amount necessary to makeup 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. 1f under paragraph 19 the Property a 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. Applieallon of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be Applied; firm, to amounts payable under paragraph 21 second, to interest <br />due; and Iaa *_, to principal; due. <br />+. Chargsat Lien. Borrower snail pay all (axes, assessments, charge, lines and impositions attributable to the <br />Property which may attain priority over this Security Instrument, slid 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 />My them on time directly to the person owed payment. Borrower shall promptly furnish in Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these directly, Borrower <br />payments shall promptly furnish to Lender <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 <br />tee; <br />to the payment of the ohligation secured by the hen In a manner acceptable to Lender; (h) conte%is in good <br />faith the hen by, or defends against enforcement the lien legal <br />of in, proceechngs which an the Lender's opinion operate io <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 />b <br />r <br />agreement satisfactory to Lender subordinating the hen to this Security Instrument. If I ender determines that any part of <br />the Property is subject to ■ lien which may attain <br />pnonty over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the hen or take one or more of the actions set forth above within IQ days <br />of the giving of notice. <br />S. Hasid Insurance. Borrower shall keep the improvements now existing or hereafler erected on Itic Property <br />insured against loss by fire, hazards included within the "extended <br />term coverage" and to nv other harards for which Lender <br />requires insurance This insurance shall he maintained in the amounts and for the periods that Lender requires the <br />insurance carrier providing the insurance %hall he chosen by Borrower suhtmi to lender's approval which shall not he <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 require%. Borrower <br />shall promptly give to Lrnder <br />all receipts of paid premiums and renewal notices. In the event of Inns, Borrower shall give prompt notice In the Iti%urance <br />carrier and Lender. Lender may make proof of lips I not made promptly by Borrower <br />Unless Lender and Borrower otherwise agree in wrilmg, Insurance proceed% shall he applied to restoration or repair <br />of the Property damaged, of the restoration or repair is feasible <br />economically and Lender's security Is not lessened if the <br />reamoralion or repair is not economically feasible or Lender's seventy would he lessened, the insurance proceeds -;half he <br />applied to The sums secured by this Security instrument, whether or nn1 then due, with any excess paid to Borrower if <br />Borrower abandons the Property, or does not answer 30 <br />within days a notice from Lender that the insurance carrier has <br />offered to settle a claim, then Lender may collect the insurance prncceds. lender may u%e the proceeds in repair or restore <br />the Properly 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 />Unless Lender and Borrower Otherwise agree in writing, any application of proceeds to principal shall not extend or <br />tme <br />pos►p the due date of the monthly payments referred to in <br />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 <br />shall pass to Lender to the extent of the sums %ecured by this Security <br />Instrument Immediately prior to the acquisition. <br />d• Prew"stion and Maintenance of Property; Leaseholds. Borrower %hall nor destroy, damage or sub%tantully <br />change the Properly, allow the Properly to deteriorate <br />or commit waste If this Security Instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease, and If &grower acquires fee title to the Property, the leasehold and <br />fee title shall not merge unless Lrnder agrees to the merger In writing. <br />7, Proteelleai of Lender's Rights In Ike Property; Mortgage insurance. If Borrower fads to perform the <br />eoveriants and agreements contained in this Security instrument, <br />or there I% a legal proceeding that may %Igmficantly affect <br />LCndtr'3 rights in the Property (such as a proceeding in bankruptcy, probate. for condenmation or to enforce !aw% <br />or <br />regedoltons), then Lender may dr1 and pay for whatever is necessary to protect the value of the Property and Lender'% right% <br />in the Pmpert-•. Leader's actions may include paying any sums by lien <br />secured a which has priority over iht% 1weuriiy <br />itsslrumenf, appearing in court, paying reastmsble attorneys' fees and entering on the Property to make repair-, rltlhough <br />Lender may take scoop under the% paragraph 7, tender does not have to de <br />so <br />Any amountsdisbur%ed by Lender under the%paragraph 7 %hall hci ome addulonal drhi of Horrowcr %ecured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of paymrnl, the%r adnounis %hall bear interro (ion <br />ititi <br />the dale of do."nerrecno at five Note rate and -hall be payahle, with interest lapin noti.r from 1 rndrr is li,,wer <br />requesting payment <br />