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t <br />004690 <br />R <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Paymat of Principal and Interest; Prepayment and lane 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. Funk for Taxes sad 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 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 />stale 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 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 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 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. 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 /><. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines and impositions attributable to the <br />J <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 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 u) Lender: (h) 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 />from holder the lien <br />, <br />prevent the enforcement of the lien or forfeiture of any part of the Property: or (C) secures the of an <br />agreement satisfactory to Lender subordinating the lien to this Se: urity 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 it <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set for!h above within 10 days <br />of the gi ving of notice. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against Ices by fire. hazards included within the term "extended coverage" and any other )guards for which Lender <br />requires insurance. This insurance shall tie maintained in the amounts and for the periods that [.Crider requires. The <br />insurance carrier providing tine insurance shall he shown by Borrower subject to L.ender's approval "filch shall nut be <br />I <br />unreasonably withheld.' <br />All insurance policies and renewals shall he acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requres, Borrower shall promptly give to Lender <br />a <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 pit K,f of loss if not made prompt ly 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 Iender's security 1', riot lessened. If tine <br />restoration or repair Is not economically feasible or Lender's security would be lessened, the insurance pr cceds shall he <br />applied to the sums secured by this Security Instrument, whether or nut then due, with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days it notice from Lender that the insurance carrier has <br />offered to Settle a claim. then Lender Islay Collect the insurance proceeds. [.Crider may !15c the proceeds to repair or restore <br />the Property or tit pay sunk secured by (Ills Security Instrument, whether of riot then dui'. I fie 30 -day period "Ill begin <br />when the notice is given. <br />Unless Lender and Borrowcr otherwise: agree In writing, any application 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 tea any insurance policies and proceeds resuhing <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of IhC sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property: leaseholds. Borrower shall not destroy. damage or suhscuttialty <br />change the Property, allow the Property to deteriorate or commit waste. It' this Securuy lnsnunncnt is on a Icaschold. <br />Borrower shall comply with the provision» of the lease, and if Borrower acquires fee title to the Property, the leasehold and <br />fee [file shall not merge unless Lcodcr agrees to the merger in writing. <br />7. Protection of Lender'v klxhts in the Properly: mortgage Insurance. If Borrower skills to ikrlixm the <br />coven ttsand agreemcntscontained in this Security Instrument. or there is a legal proceeding that may significantly :!flirt <br />Under'% rights in the Property (such as a preceedtfng In hankruplcq, probate, for condemnation car to enforce Elms or <br />regulowlins), their I..endet [nay do and pay for whatever is necessary to protect the %aduc of the Propertg and Lender's rights <br />in the Property. Lenelet's acfious may include paying any sums secured by a hen a Inch has prumty o-'er this Security <br />Instrument, appearing to court, paying reasonable attorneys' feel, And enIVInIg on the I'rnperty to make repairs Although <br />Lender may take action under this paragraph 7, Lender char not have to do sax. <br />Any amounts disbursed by I.andcr tinder this paragraph 7 shall heo,niv addornual LICH ,,f Borrower secured hg liu> <br />Security instrument. I)nlewr lorrower and Lender „tree u, other refills ot pay nicnt, tlit-w a notuns shall hear tw can dons <br />the datc of disbursement .al the Note rate and shall he payable, wnh mteie.i. upon notwc Iloilo l ender !o Borrooset <br />fequ. *lmx payment <br />N <br />