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r <br />l <br />85- ,004804 <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />I. Paymatt of Priiaeipal 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. Fonds for Taxes and inunynce. 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 />ore -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, ifany. 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 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 fell 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 />4. Cbarvg 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 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 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 abo =.e within 10 days <br />of the giving of notice. <br />S. Haasrd lnwrance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for the pericxis that Lender requires. The <br />insurance carrier providing the insurance shall he chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall he acceptable to Lender and shall include a standard mortgage clause. <br />Gender 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 he applied to restoration or rep :.rr <br />of the Property damaged, if the restoration or repair is economically feasible and l.xnder'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 shrill 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 day's 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 wecured 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 />postpone 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 t(, Lender to the extent of the vents secured by this Security <br />Instrument immediately prior to the acqutsttfon. <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shall riot desilov. damage or suhsianitally <br />change the Property, allow the Property io deteriorate or commit waste if tills security Instruntent is on a leasehold. <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee nIL•• to the 1,rolcrty, the leasehold and <br />lee title shall not merge unless lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property; Mortgage Insurance. If iorrower fails to perform the <br />covenants and agreement,, contained in this Security Instruntent, or there Is a Icgal pro(ee(Iutg that m:n stgndicantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for omdemnanon or to enh+rce taus rq <br />regulations), then Lender may do and pay for whatever is necessary t0 protect the ,,title of tilt! I'roperty ;urd Cinder's nchrs <br />in the Property. Lender's actions may include paying any %urns %ecur(j by a lien u},r,h has pruq,t� i,ser Ihls svalrlrs <br />Instrument, appearing In court, paying reasonable attorney%' fees and enterini rill the 1'mperi% to rnai,e iepans ,vilw tgh <br />Lender may take action under thr% paragraph 7. Lender dtc% not hate to do so I <br />Any amount%disbur%ed by Lender under this paragraph" shall t)ve me ;nldrttoudl dt-111 rf Hnrl uer IL', ura•d !» Iltn J <br />sccurrty lmItumcrtt Unless Borrower and Lender agree to other terns, f pa} mvw. I!,cw em, :sus 01,111 N"I ;III e1<-st fn 'ill <br />the date of disbursement at the %file rate wind shall tx. pa�ahle. uuh Iolcrrsr. .,t", ;1 1ivu�r ;non d <br />rrquc%Ifng pa} rnertt <br />. —J <br />