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86-:104178 <br />I <br />UN I FORbt C(7vt.NJy; fS Borro%crandL..ender Cetienar�, ,:nu <br />1. Payment Payment of Principal and Interest; Prepayment and Late t har t s. 11 orr,%ec ha I rt t, p t +her <br />the principal ofand interest on the debt evidenced it% the \,;tt t..e3 ain prcpa..mcn' and lut c hai _t•. u.tt under , he 1,ae. <br />2. Funds for Taxes and Insurance. Subject ro applicable laa or 10a written yyatycr by Lender_ Borrower shal, ;,ay <br />to Lender on the day monthly payments arc due under the Note. until the Ni-,te i, paid In full. a sani ("F:In hs ") cve,ai 1 <1 <br />one-twelfth of: (a) yearly taxes and assessments which may ttiain p s rir. orer this Se mty Ir crru c.: o)) yearly <br />leasehold payments or ground rent, on the Property, if an,. ie) ycaJy hazard insurance prcnnums, and Ed) yearly <br />mortgage insurance premiums, if any. These items are called °c,cr'ow item,.,." Lender nim estimate the ['rind, due «n the <br />basis of current data and reasonable emimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of •.vhiyh are insured or guaranteed by a federal t-r <br />state agency (including Lender if Lender is such an institution). Lender shall apple 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 if charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applitiablc law <br />requires interest to be paid, lender shall not he required to pay Borroucr any iruerest or earnings nn the Funds, lender <br />shall give to Borrower, without charge, an annual accounting of the Ftmds showing credits and clebits to the Fund: and the <br />purpose for which each debit to the Funds was made. The Funds are pledged is additional security for the sunny 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 it) pay the escrow items when clue, the excess shall be. <br />at Borrowers option. either promptly repaid to Borrower or credited to Borrower nn monthly pacmeniv of Fnndc Tf lho <br />amount of the Funds held by Lender is not sufficient to pay tine escrow items when due, Borrower shall pay to Lender an <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 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 he applied: first, to late charges due under the Note; second, to prepayment charges due under 'he <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 pay these obligations in the manner provided in paragraph 2. or if not paid in that manner. Borrower 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: (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 />a` <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 />1. 5. 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 Lender's 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 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 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 ±0 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 of restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The ±( -day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of pro Beds to principal shall not extend or <br />postpone thedue 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 io the acquisition shall pass to Lender to the extent of the suits secured b_v 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 pn +visions 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 afle; i <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to cttiir r laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the %aloe of the Property and Lender's nRht. <br />in the Property, lender's actions may include paying any sums secured by a Item which has priority •tier this Scnrrn% <br />Instrument, appearing in tour,, paying reasonable attorneys' fees and entering on the Propei ty to make. repairs :t to :ugh <br />Lender may take action under this paragraph', Lender does not have to do. ,o <br />Any amounts dishursed by 1-under under this pai.tgrxph 7 shall he ""111C addtrton:tl deb, of B., n,we•r ,.'urea I,% h:, <br />Security tntsirument. Unl ,s Borrower and l vndef agree to rrthrr tern, oft tyrn _r tl c r ,tit tit '11,111 b,%F <br />the date of disbuisamcrtl it the Note cue -old hall tc l,ayahlr „nh ur,,t. u; n„ n�Itc; !r,..! <br />re, ;ue,ttng pay mrttt.; <br />