TOGETHER WITH all the improvements now or hereafter erected on the property, and a�l easements, appurtenances, and
<br /> fixtures now or hereafter a part of the propery. All repiacements and addftions shall also be covered by this Security Instrument.
<br /> All of the foregoing is referred to in this Security Instrument as the "Property." �
<br /> B�RROWER COVENANTS that BoROwer 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 uniform covenants for national use and non-uniform covenants with limited"�
<br /> variations by jurisdiction to constitute a unifortn security instrument covering real property. Q
<br /> UNIFORM COVENANTS. BoROwer and Lender covenant and agree as follows:
<br /> 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when
<br /> due the pnncipal 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
<br /> to Lender on the day monthiy payments are due under the Note, until the Note is paid in full, a sum ("Funds°) for: (a) yeatiy �
<br /> taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold
<br /> payments or ground rents on the Property, if 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 BoROwer to Lender in accordance
<br /> with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items 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 toan 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 appiies 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 curcent data and reasonab�e estimates of expenditures of future
<br /> Escrow Items or otherwise in accordance wfth applicable law.
<br /> The Funds shall be held in an institution whose deposfts are insured by a federal agency, instrumentality, or entity (including
<br /> Lender, H Lender is such an instftution) or in any 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 veri(ying
<br /> the Escrow Items, unless Lende� pays Borrower interest on the Funds and applicable law permfts Lender to make such a
<br /> charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service
<br /> used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
<br /> applicable law requires interest to be paid, Lender shall not be required to pay BoROwer any interest or eamings on the Funds.
<br /> Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
<br /> without charge, an annual 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 ali 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 wfth the requirements of applicable law. If the amount of the Funds held by Lender at any
<br /> time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
<br /> shall pay to Lender the amount necessary to make up the deflciency. Borrower shall make up the deficiency 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 Instrument, Lender shall promptly refund to Borrower any Funds
<br /> held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisitlon or sale of the �
<br /> Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this i
<br /> Security Instrument.
<br /> . 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
<br /> paragraphs 1 and 2 shall be apptied: 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. Charges; Liens. BoROwer 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. Borrower shali
<br /> pay these obligations in the manner provided in paragraph 2, or ff 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 directy, 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 lien in a manner acceptable to Lender; (b) contests in good faith the
<br /> lien by, or defends against enforcement of the lien in, legal proceedings which (n 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 lien which may attain priorfty over this
<br /> Securiry Instrument, Lender may give Borrower a notice identifying the Uen. Borrower shall satisiy the lien or take one or more of
<br /> the actions set forth above within 10 days of the giving of notice.
<br /> 5. Hazat'd or Property In8uranCe. Borcower 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 requlres. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approvai
<br /> which shall not be unreasonably withheld. If Borrower fafls 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 shail 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 shall promptly give to Lender all receipts of
<br /> paid premfums and renewal notices. In the event of loss, BoROwer shall give prompt notice to the insurance carrier and Lender.
<br /> Lender may make proof of loss ff not made promptly by Borrower. .
<br /> Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be apptied to restoration or repair of the
<br /> Property damaged, 'rf 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 Security Inshument, whether or not then due, with any excess paid to Borrower. 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 fs 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 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
<br /> damage to the Properry prior to the acquisition shall pass to Lender to the extent of the sums by this Security Instrument
<br /> immediately prior to the acquisition.
<br /> 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
<br /> Application; LeasehOlds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
<br /> sixty days after the execution of this Securiry 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 othervvise agrees in writing, which consent shall not
<br /> be unreasonabty withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not
<br /> destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Propetty. Borrower shall be in
<br /> defauR if any forfeiture action or proceeding, whether civit or criminal, is begun that in Lender's good faith judgment could result
<br /> in forfeiture of the Property or otherwise materially impair the Ne� created by this Security Instrument or Lender's security interest.
<br /> F1316.LMG (1/97) Page 2 of 5
<br />
|