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L <br />8G-- 100945 <br />Lender pays Borrower interest on the Funds and applicable law perm :ts Lender to make such a charge. Borrower a,-,d <br />Lender may agree in venting that interest shall be paid en 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 ra the Funds was made. The Funds are pledged as additional secur it1 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. I£ the <br />amount of the Funds field by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any <br />amount necessary to makeup 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 <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior to the sale of the Property or its acquisition by Lender. 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 2; fourth, to interest due; and last, to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, tines and impositions attributable to the <br />Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if an}. <br />Borrower shall pay these obligations in the manner provided in paragraph 2. or if not paid in that manner. Borrower sha.il <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish tci Lender ail notices of amounts <br />to be paid under 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; iai <br />aerees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender: (b) contests to 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 Gen which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the Iien. Borrower shall satisfy the lien or take one or more of the actions set torth above within 10 days <br />of the giving of notice. <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured 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 />unreasonably withheld. <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 hole the policies and renewals. If Lender requires. Bi?rrocvcr ,hail promptiy give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall : prompt notice io the insurance <br />earner 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 restorati on or repair <br />of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument. whether or not 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 has <br />offered to settle a claim, then Lender may collect_ the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal ;hall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs i and 2 or :hange the arnoup.t of the payments. If <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to an_v 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 />`. 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 tide 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 Properry and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by alien which has pnor »y oser this Security' <br />Instrument, appearing in court. paying reasonable attorneys' fees and entering on the Property tip make repairs. Although <br />Lender may take action under this paragraph 7. Lender does not have re do so <br />Any arnounts disbursed by Lender under this paragraph .. shall beco me additional deht of Burrower secured by this <br />Security Instrument. Unless Borrower and Lender agree io other terms of payment, ihese amounts shall bear interest from <br />the date of disbursement at the Note rate and shall be payable, with interest. upon notice From Lender to Borrower <br />requesting payment. <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument. <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time is the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law <br />S. Irapeetion. lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9, Condemnation. The proceeds of any award or claim for damages, direct or :onsequeritial. in cnne:ti 'n wilt, <br />any condemnation or other taking of any par. of the Property. or for conveyance in lieu of condemnation, are .'iere.,y, <br />assigned and shall be paid t) Lender <br />In the event of a total taking tf the Property, the ; roce -ds shall It+e appiiect to the e,lme ;ei tired by :has Se^ uru. <br />Instrument, whether of not then dim with any earns {'rid c. B1,rr wrr In he rent t s rh, P <br />untess 130TT"wer an"' Len -let ,thcrwlsr ag l�e n w t it{. 'r.r a .s 4 t red `s i h s S .,. c ~i !-C <br />the am,.,unt •i .tie i?r <n: P1: is •Ti li.ii.ilyd h^ ,.:�1 „w,r,& lira t _.. „ ..�, a i ,,. .i c •a: i.i <br />)er'tre the tak. ng, ;t dCd i'.V Ir 1:if7 .4, Kt •,31t1Y ,:{ tt• it <br />W, <br />