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85== 005216 <br />UNIFORM COVFNAN"IS Borrower and Lender covenant and agree as follows: <br />I. Payment of Principal and Interest, Prepayment and Late Charges. Borrower .hall promptly pay when due <br />the principal ofand interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. Funds for Taxes and Insurance, Subject to applicable law or to a wrow, t,l cr 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•twelflh of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (h) 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 />basisofeurrenl data and reasonable estimates of future escrow items. <br />The Funds shall be field in an institution Ihedeposits 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 dehil 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 to one or more payments as required by Lender. <br />Upon payment in fult'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 Properly 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 1 and 2 shall he applied: first, to amounts payable under paragraph 21 second. to interest <br />due; and last, to principal due. <br />4. Charges; Liens. Borrower %hall pay all taxes, assessments, charges, lines 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 tit the manner provided tin 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 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 licit 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 hen which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. forrower shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />of the giving of nonce. <br />S. Hazard Insurance. Borrower shall keep the improvements now extuing or hereafter erected on the Property <br />insured against loss by fire, haauds included within the term "extender awcnlgc" and any other hazards for which Lender <br />requires Illturance. This insurance shall he malwallled In the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower suhlect to Lender's approval which shall not be <br />unreasonably withheld. <br />All Insurance policies and renewals shall be acceptable u, Lender and .hall 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 arid renewal notices. II the event of loss. Borrower shall give prompt nonce to the insurance <br />carrier and Lender tender 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 resturatuun or repair 1s economically feasible and Lender's security is not lessened. If the <br />restoranrm or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not Uqn due, with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days it notice front Lender that the insurance carrier has <br />offered to settle a claim, then Lender may collect the Insurance pr cceds. Lender nav use the proceeds ul repair or restore <br />the Propeny 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 />postpone the due date of the monthly payments referred to ul paragraphs I and 2 or change the amount of the payments. If <br />under paragraph ly the Property Is ac toted by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage it) the Properly prior w lie acquisition shall pass to Lender to the extent of the %urns secured by this Security <br />Instrument immediately prior to file acqunsmu,n. <br />6. Preservalion and Maintenance of Property; Leaseholds. Borrower %hall not destroy, damage or substantially <br />change the Properly, allow the Property to dcterloralc or connro waste If Ili% Securty Instrument is on a leasehold, <br />Borrower shall comply with Ile proymous O(' Ilrc leave, and If Borrower acquires fee title to rile Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger In writing. <br />7. Protection of Lender's RhKhts in the Properly; Mortgage Insurance. If Borrower fads to perform the <br />covenant%and agrecment%contained nl this Security Instrument, or there 1 %a legal proceeding that rnny significantly affect <br />Lender's right% In the Property (%licit as a proceeding in bankruptcy, probate. for condemnation or to enforce laws or <br />regulatiorm, them Lender may do and pay for whatever is necessary to protect the value (if the Property and 1_endrr's rights <br />In the Properly Lender's acllons may Include paying any wens scoured by a lien which has pnonty over fhl% Security <br />ln%trumenl, appealing tit court, paying reasonable attorory%' fees and entering on the Propclty w make repair% Although <br />Leader rnny lake nrttoo under this paragraph 1. 1 ender doc% not have to do sit <br />Any amounts dlshur%ed by I.011der under tin% paragraph 'I %hall I,/vnllle .Idrhh,nlal tlrhl A Bonowrr sCUOrd hr tins <br />Security ln%ttlltorrll Unless Borrower and l errtlr'r agicr to other Irrin%I,I p.111rlrtll, %Ilall heat interest 11 Ultl <br />the Barr of ohsh/nsrnrenl at the Now rate and %hall tw lalvable. with mrclrsl, '11,.,11 o„lirr hail 1 Cnafet 1,+ II,nit,wet <br />rrquO%Ung paynlrnt <br />I!?� <br />