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86 1()1t336 <br />UWORN40A NA" IS. Borrower and Lender coscnant ana Agree as fokow> <br />1. Payment of Principal and Interest; Prepayment and Latc Charges. Borrowe, Shall pronmptl, pat w%hvll clue <br />the principal of and interest on the dehi evidenced by the \o>te aril any picpavrnctn and We Shane, clue wider the Notch. <br />2. Funds for Taxesand Insurance. Subject ico applicable law .rr to a written %%m%cr by Lender, B- arum er shall pare <br />to Lender on the day monthly payments are due under the Note. until the Nate r. paid in full. a stun (" Funds") .•qual m <br />one- rwelfth of: (a) yearly razes and assessments which m u <br />ty at7.n priority over this Securny Instrument: ih) Yearly <br />leasehold payments nr ground rents on the Property, if am; (c; yearly hazard insurance pRantuniN: and (d) yearly <br />mortgage insurance premiums, if any. These items are called "escrow items." Lender map estimate the FuudS 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 accrntnts of which are insured or guaranteed by a federal or <br />state agency (including Lender if Lander is Such an institution). lender shall apply the Funds to pity time escrow items. <br />Lender may not charge for holding and applying the Funds, analyzing the account or verifying time 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 he 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 Borrttwcr any interest or earnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credit% and debit. 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 clue, 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 sufficient to pay the escrow items when due. Borrower shalt pay to Lender any <br />amount necessary to make up 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. Fluids held by Lender at the tittle 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 recei%ed by Lender under <br />paragraphs 1 and 2 shall use applied: fiat, to late charges due under the Note: second, to prepayment charges title 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, 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 pap these obligations in the manner provided in paragraph 2. or if not paid in that manner, lorrower shall <br />'pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all 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: ia) <br />agrees in writing to the payment of the obligation secured by the lien in it manner acceptable u? Lender; (h) contests in J!ood <br />faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate Io <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, Hazard Insurance. Borrower shall keep the impro %ements now existing or hereafter crccred ou 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 Lender's approval winch shall not he <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include it standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. if Lender requires. Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower 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 economically feasible and Lender's security is not lessened. If time <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 riot answer within 30 days it nofiec 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 (Inc. The 30 -dap period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds n+ principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I 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 deslio.y, damage or sobstalviAh <br />change the Property, allow the Property ro deteriorate or connumt waste. If this Security hmstnmme 11 is on a le :rseholkl. <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 riot 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 condermtation of to ent'orce laws nr <br />regulations). then Lender may do and pay for whatever is necessary to protect the value of the iroperty and Lcndcr's right, <br />in the Property. Lender's actions may include paying any sums Secured by a hen which has pnorm osci this Securny <br />Instrument, appearing in court, paying reasonable attorneys' lees and entering on the Property to make repairs Although <br />L lender may take achon under the paragraph ? <br />