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-1 <br />8g.. 100166 <br />I. iNiFORMCQ\FNANTS Borrower and Lender covenant andagrer..asfoliow%: <br />1. Payment of Principal 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. Funds for Taxes and Insurance. Subject to applicable iaw 01.1(i it written waiter by lender, Borrower shall pay <br />to Lender on the day immthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to <br />one - twelfth of: (a) yearly taxes and assessments which may attain priority over this Security instrument; (b1 yearly <br />leasehold payments or ground rents on the Property, if any; (e) yearly hazard insurance premiums: and (d) ycarly <br />mortgage insurance premiums, if any. 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 sufftcigi t: t ,* f?ay 117e escrow items when due, Borrower shall pay to Lender any <br />amount necessary to make up the deficiency in orie o; m.�-e, vY.nents as required by Lender. <br />Upon paymerf in. full of all sums secured by this Secul^ty Instrument, Lender sligil promptly refund to Borrower <br />any Funds held by Ler,.der. If under paragraph 19 the Property is sold or acquired by Lender. Leaser shall apply. no later <br />than immediately prior to the sale of the Property or its acquisition by L Kruder, 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.?;• fourth, to uifirest due, and last, to principal due. <br />6. Charges; Liens. Borrower shall pay a1;!• pmcs,. ate. sments, gWirges, fines and impositions attributable to the <br />Property which may attain priority over this Se- cun' ; Instrument, acid leasehold payments or ground rents, if any. <br />Borrower sfw l pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall <br />pay them on. tirncdirectly to the person Awed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid kthder 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 above within 10 days <br />of the giving of notice. <br />5._.•.Httzwd Insurance. Borrower shall keep the imprgoements now existing."uc hereafter erected on the Property <br />ensured 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 periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to.Lenders approval which shall not be <br />unreason. hly withheld. <br />:!,AFI,insurance policies and renewals shall be acceptable-to Lender and shall. include a standard mortgage clause. <br />Lg.ndetr �fxall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender: <br />all Tecdpts of paid premiums and renewal notices. to the event of loss. $narrower 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 be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is econatatically feasible and Lender's security is not lessetsed.. If the <br />restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be. <br />applied to the sums secured by this Security Instrument, whether or Trot then due, with any excess paid to Borrower. if <br />Borrower abandons the Property, or does not ,answer within 30 days a notice from Lender that the insurance carrier•ha s.. <br />offered t osettle a claim, then Lender, may cnllect the insurance proceeds. Lender may use the proceeds to repair or restore - <br />the Property or to pay sums secured by this Scvgrity Instrutn'tht, whether or not. there due. The 30 -day period .1MR 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 />postparte 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 to Lender to the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and ?Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property. the leasehold and <br />fee 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 Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy. probate, for condemnation 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 Lender's right-; <br />to the Property. Lender's actions may include paying any sums secured by a lien which has prionty over this Security <br />instrurnent, appearing to court. paying reasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under this paragraph I. lender does not have to do ,,n <br />Any amounisdo hurced by Lender under this paragraph'Y shall hetionu additmnal dcht of fit irroaer secured by this <br />Security Instrument. U :Iless Borroiwi and Lender agree_ to tither terms of payment. Ihc.e .I1101ints shall heir Interest frlim <br />the date of drsburwn -ton at the Note rate and shall he payahIc. %%nh !Mere.'. urou nvII,r room 1 ender to Bort(n%er <br />requesting payment <br />1. <br />h <br />r' <br />