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r <br />I <br />9, !08082 <br />2. Funds for Taxes and Insuranee,,Subject to appiicable law or to a written waiver by Lender, Borrower shall pay to <br />Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum I "Funds") equal tonne - twelfth of: <br />(a) yearly taxes and assessments which may attain priority over this Security Instrument; (biyearly leasehold paymentxorground <br />rents on the Property, if any; (c ► yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These <br />items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of <br />future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by it federal or state <br />agency (including Lender if Lender is such an institution), Lender shall apply the Funds to pay the escrow items, Lender may not <br />charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower <br />interest on the Funds and applicable law permits Lender to make such a chargOt Borrower and Lander may agree in writing that <br />interest shall be paid on the Funds, Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be <br />required to pay Borrower any interest or earnings on the Funds, Tender shall give to Borrower, without charge, an annual <br />accountingof the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The <br />Funds are pledged as additional security for the sums secured by this Security instrument. <br />if the amountof the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates <br />of these escrow items, shall exceed the amount required to pay the escrow items when due, the eyeess shall be, at Borrower's <br />option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. if the amountof the Funds <br />held by Lender is not sufficient to pay the escrow items when due, Borrower shall pry to Lender any amount necessary to make up <br />the deficiency in one or more payments as required by Lender, <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 19 the Property is sold of acquired by Lender, Lender shall apply, no later than immediately <br />prior tothesaleof the Propertyor its acquisition by Lender, any Funds held by lender atthe time of application asacreditagainst <br />the sums secured by this Security Instrument. <br />3. Applicationof Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs <br />1 and 2 shall be applied: first, to amounts payable under paragraph 2: second, ur interest due; and last, to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property <br />which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these <br />obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the <br />person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If <br />Borrower makes these payments directly, 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) 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 thelien by, <br />or defends against enforcement of the lien in, legal proceedings which in the I.,ender'sopinion operate to prevent theenforcement <br />of the lien or forfeiture of any part of the Property: or (c) secures from the holder of the I ien an agreement satisfactory to Lender <br />subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which <br />may attain priority over this Security instrument. Lender may give Borrower a notice identifyingthe lien. Borrower shall satisfy <br />the lien or take one or more of the actions set forth above within 10 days of the giving of notice. <br />r <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires <br />insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier <br />providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgageelause. Lender shall <br />have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid <br />premiums and renewal notices. In the event of loss. Iiorrnwer shal l give prompt notice to the insurance carrier and Lender. lender <br />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 of the <br />Property damaged, if 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 he lessened, the insurance proceeds shall be applied to the sums <br />secured by this Security Instrument. 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 Propertyor to pay sumssecured <br />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 applicationof proceedsto principal shall notextendor postpone <br />theduedateof the monthly payments referred to in paragraphs I and `Lor change the amount of the payments. If under paragraph <br />19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceedings resulting from damage to the <br />Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately <br />prior to the acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shall riot destroy, damageor substantially change <br />the Property, allow the Property to deteriorate or commit waste, if this Security Instrument is on a leasehold. Borrower shall <br />comply with the provisions of the lease, and if Borrower acquired fee title to the Property, the leasehold and fee title shall not <br />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 covenants and <br />agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lenders rights in <br />the Property (such as a proceedi rig in bankruptcy, probate, for condemnation or to enforce laws of regulations). then Lender may <br />do and pay for whatever is necessary to protect the value of the Property and Lender's rights i n the Property. Lender's actions may <br />include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying <br />reasonable attorney's fees and entering nn the Property to make repairs. Although Lender may take action under this paragraph <br />7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security <br />Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest front the date of <br />disbursement at the Note rate and shall be payable, with interest, upon notice from liendcr to Borrower requesting payment. <br />If lender required mortgage insurance as a condition of making the loan sevurrd by this Security Instrument, Borrower shall <br />pay the premiums required to maintain the insurance in effect until such time as the requirennrnl for the insurance terminates in <br />) <br />accordance with Borrowers and lender's written agreement or applivabic law <br />l <br />K. fnspectlons. Lender or its agent may make reasonable entries ufwn and in::pert,on ..f the Propert} kendvr shall K,ve <br />Borrower nol ice at the time of or prior to an inspection specifving reasonable cause for the ne:pecowi <br />*A charge afoie.-,ta(d by Lender Jr; c.onneactLon with tiurrowrrc�, rntorl1w into IIth; tic•rorit�: <br />tne;trutrw,nt. to ay for cart of un independent trtx reportI11). E;rrvlr, r_linll ur,t l•r n rli:rr�.,• <br />Ior purpcs:;e, o� "tbe prec:r! lion, �.entcncc. <br />r ir fat, <br />