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85-003868 <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows. <br />1. 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 ut:der OW Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a wnttcn waiver hr Lender. Borrower shall pay <br />to Lender on the day monthly payments are due under the Note, until the time is paid in full, a sum ( "Funds ") equal is <br />one - twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument: (h) cearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums: and (d) \Carly <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 amoun: 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 month!} 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 and <br />amount necessary to make up the deficiency in one or more payments as required by Lender. <br />Upon payment in fultof all sums secured by this Security Instrument. Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 11) tile 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. it ;,repayment 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 rile <br />Property which may attain priority over this Security Instrument. and leasehold paymenis or ground rents. if art's. <br />Borrower shall pay these obligations in the manner provided in paragraph ?, nr if not paid in that manner. Born +wee Shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to he paid under this paragraph. If Borrower makes these payments directly. Borrower 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 to the payment of the obligation secured by the lien in a manner acceptable to Lender. (b) contests m good <br />faith the lien by, or defends against enforcement of the lien in, legal proceedings which in 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 ]ten 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 Bormuer a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth abo%e within 10 days <br />of the giving of notice. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on tree Property <br />insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which !.ender <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 approya l which shall not he <br />unreasonably withheld. <br />All insurance policies and renewals shall he acceptable to Lender and shall include a standard mortgage .lausc. <br />Lender shall have the right to hold the policies and renewals. If Lender requires. Borrower shall promptly -I%e to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt nonce to the insurance <br />carrier and Lender. Lender may make proofof 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 he <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 or restore <br />the Property 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 upplication 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 N 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. Prenervatiov and Maintenance of Property; Leaseholds. Borrower shall not destroy damage err subsianriaih <br />change the Property, allow the Property to deteriorate or commit waste. If this Security lnsirunwill is ou a leasehold. <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee title to the Property, lilt- leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property: Mortgage Insurance. 1' Borrower fails to perforrrl tilt' <br />covenants and agreements contained in this Security Instrument, or there IS a legal proceedituc that may significantly aflvct <br />Lender's rights in the Property (such as a proceeding in bankruptcy, proba(e. I'm condemnation or to enforce ittw, err <br />regulations), then Lender may do and pay for whatever is ncces:uary to prtnect the value of the Property' and 1..endcr'S rwhis <br />in the Property. Lender's actions may include paying any sums secured by it hen which has prmrity oycr this'W,11111% <br />Instrument, appearing in court, paying reasonable attorneys' fees and cnteruig on the property 1(, make icparrs..Ahhough <br />Lender may take action under this paragraph 7. Lender does not 1111%e l o do so. <br />Any amountsdishumed by Lender under this paragraph 7 shall become addutioiuil debt of lioriowei secured by t)ui, <br />Security Instrument. Unless Borrower and lender agree to other terms of payment, these amounts shall beat interesi li'wl <br />the date o} disbumerient at the %ore rate :ittd shall he puyahle, with iatarrst, upon nonce (n,;n i rildci n <br />requesting payment. <br />