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TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and <br /> �odures now or hereafter a part of the property. All replacements and additions shell also be covered by this Securily Instrument. <br /> _ All of the foregoing is referred to in this Security Instrument as the "Property." <br /> BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and <br /> convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will <br /> defend generally the tftle to the Property against all claims and demands, subject to any encumbrances of record. <br /> THIS SECURITY INSTRUMENT combines unHorm covenants for netional use and non-un'rfortn covenants wfth limfted <br /> variations by jurisdiction to constftute a unfform security instrument covering real property. <br /> UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall prompty pay when <br /> due the principal of and 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 written waiver by Lender, Borrower shall pay C�' <br /> to Lender on the day monthly payments are due under the Note, untii the Note is paid in full, a sum ("Funds") for: (a) yearly � <br /> taxes and assessments which may attafn priority over this Security Instrument as a lien on the Property; (b) yearly leasehold ' <br /> payments or ground rents on the Property, H any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance <br /> premiums, if any; (e) yearly mortgage insurance premiums, if any; and (� any sums payable by Borrower to Lender in accordance M " <br /> with the provisions of paragreph 8, in lieu of the payment of mortgage fnsurance premiums. These ftems are called "Escrow � <br /> Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a <br /> federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures <br /> Act of 1974 as amended from time to time, 12 U.S.C. �2601 et seq. ("RESPA"), unless another law that applies to the Funds <br /> sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. <br /> Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future �", <br /> Escrow items or otherwise in accordance with applicable law. <br /> The Funds shall be heid in an (nstRution whose deposits are insured by a federal agency, instrumentality, or entlty (including <br /> Lender, if Lender is such an instftution) or in eny Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow <br /> Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verify(ng <br /> the Escrow Items, unless Lender pays Borrower interest on the Funds and appllcable law permfts Lender to make such a <br /> charge. However, Lender may require BoROwer to pay a one-time charge for an independent real estate tax reporting service <br /> used by Lender in connection with this loan, uniess applicable law provides otherwise. Uniess an agreement Is made or <br /> applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or eamings on the Funds. <br /> Borrower and Lender may agree in writing, however, that interest shall be pafd on the Funds. Lender shall give to Borrower, <br /> without charge, an annuai accounting of the Funds, showing credits and debits to the Funds and the purpose for which each <br /> debit to the Funds was made. The Funds are pledged as additional security for all sums secured by the Security Instrument. <br /> If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower <br /> for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any <br /> tfine is not sufficient to pay the Escrow Items when due, Lender may so notity Borrower in writing, and, in such case Borrower <br /> shall pay to Lender the amount necessary to make up the deflciency. BoROwer shall make up the deflc(ency in no more than <br /> twelve monthly payments, at Lender's sole discretion. <br /> Upon payment in full of all sums secured by this Security Instniment, Lender shall promptly refund to Borrower any Funds <br /> held by Lender. If, under paragraph 21, Lender shall acquire or seli the Property, Lender, prior to the acquisition or sale of the <br /> Properry, shall apply any Funds held by Lender at the time of acquisition or sale as a credft against the sums secured by this <br /> Security instrument. ' <br /> 3. AppliCatlon of Peytnents. Unless applicable law provides otherwise, all payments received by Lender under <br /> paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under <br /> paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. <br /> 4. Cherges; Liens. BoROwer shall pay all taxes, assessments, charges, flnes and impositions attributable to the <br /> Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall <br /> pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time <br /> directly to the person owed payment. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this <br /> paragraph. If Borrower makes these payments directly, Borrower shall promptly fumish to Lender receipts evidencing the <br /> payments. <br /> Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in <br /> writing to the payment of the obligation secured by the Ilen in a manner acceptable to Lender; (b) contests fn good faith the <br /> Ilen by, or defends against enforcement of the Ilen in, legal proceedings which In the Lender's opinion operate to prevent the <br /> enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to <br /> this Security Instrument. If Lender determines that any part of the Property is subject to a Ilen which may attain priority over this <br /> Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of <br /> the actions set forth above within 10 days of the giving ot notice. <br /> 5. Hazard or PrOperty 117SUranCe. Borrower shall keep the improvements now existing or hereafter erected on the <br /> Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including <br /> floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods <br /> that Lender requires. The insurance carrier providing the insurance shall be chosen by Bo►rower subject to Lender's approval <br /> which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's <br /> option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. <br /> All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender <br /> shall have the right to hold the policies and renewals. If Lender requires, Borrower shal� promptly give to Lender all receipts of <br /> paid premiums and renewal notices. In the event of loss, Borrower shall glve prompt notice to the insurance carrier and Lender. <br /> Lender may make proof of loss ff not made promptly by BoROwer. <br /> Unless Lender and Borrower othervvise agree in writing, insurance proceeds shall be appfled to restoration or repai� of the <br /> Property damaged, ff the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or <br /> repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums <br /> secured by this Securiry Instrument, whether or not then due, with any excess paid to Borcower. If Borrower abandons the <br /> Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then <br /> Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums <br /> secured by this Security Instrument, whether or not then due. The 30-day period will begin 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 monthiy payments referred to in paragraphs 1 and 2 or change the amount of the payments. If <br /> under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance pollcies and proceeds resufting from <br /> damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums by th(s Security Instrument <br /> immediately p�ior to the acquisition. <br /> 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br /> Application; LessehOlds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within <br /> sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br /> residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not <br /> be unreasonably wfthheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not <br /> destroy, demage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Bonower shaU be in <br /> defauR if any torfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith Judgment could result <br /> in forfefture of the Property or otherwise materiaily impair the lien created by this Security Instrument or Lender's security interest. <br /> F1316.LM0 (1/97) Page 2 oi 5 <br />