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201211220 <br />Application of Payments. Unless Applicable Law provides otherwise, all payments received by Lender shall be <br />applied: first, to any prepayment charges due under the Note; second, to interest due; third, to principal due; and <br />last, to any late charges due under the Note. <br />Charges; 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 on time and directly to the person owed payment. At the request of Lender, <br />Borrower shall promptly furnish to Lender 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) <br />contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the <br />Lender's opinion operate to prevent the enforcement of the lien; 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 <br />part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth <br />above within 10 days of the giving of notice. <br />Hazard or Property Insurance. 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, <br />including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the <br />amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by <br />Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain <br />coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the <br />Property in accordance with section titled Protection of Lender's Rights in the Property. <br />All insurance policies and renewals shall be acceptable to Lender and shall 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 <br />Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice <br />to the insurance 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 be applied to restoration or <br />repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not <br />lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the <br />insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />any excess paid to Borrower. If Borrower abandons the Property, or does not answer within the number of days <br />prescribed by Applicable Law as set forth in a notice from Lender to Borrower 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 <br />restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The period of <br />time for Borrower to answer as set forth in the notice 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 <br />or postpone the due date of the payments referred to in the section titled Payment of Principal and Interest; <br />Prepayment and Late Charges or change the amount of the payments. If under the section titled Acceleration; <br />Remedies, 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 to Lender to the extent of the sums secured by this <br />Security Instrument immediately prior to the acquisition. <br />Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br />Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on <br />the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun <br />that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the <br />lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and <br />reinstate, as provided in section titled Borrower's Right to Reinstate, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in <br />the Property or other material impairment of the lien created by this Security Instrument or Lender's security <br />interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or <br />inaccurate information or statements to Lender (or failed to provide Lender with any material information) in <br />connection with the loan evidenced by the Note. If this Security Instrument is on a leasehold, Borrower shall <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee <br />title shall not merge unless Lender agrees to the merger in writing. <br />Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements <br />contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in <br />the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and <br />Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority <br />over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to <br />make repairs. Although Lender may take action under this section, Lender does not have to do so. <br />Any amounts disbursed by Lender under this section shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear <br />interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender <br />to Borrower requesting payment. <br />© 2004 -2012 Compliance Systems, Inc. EECO -562B - 2011L2.6.544 <br />Consumer Real Estate - Security Instrument DL2036 Page 2 of 5 www.compliancesystems.com <br />