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0"05764 <br />LbOlO w OuvEHArn's. Borrower and Leader covenaat and agree as follows: <br />1.. pads[ of Fillaelgall and hdwoW, Papaymea sad Lie Cbsrgss. Borrower shall promptly pay when due the <br />principal of aaid Interco on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. womb low T w a" Subject ^to applicdtle law or to a written waiver by Lender, Borrower shalt pay to <br />Leader on. BtC clay tsmoblyt payments an bate under the Tote, until the Note is paid in full. a sum ( "Funds ") equal to one - <br />twdith of:, (a) yearly [trues and attt/numa acs which may attain priority over this Security instrument; (b) yearly leasehold <br />payments or ground netts on the Property. if any; (c) yearly hazard insurance premiums. and (d) yearly mortgage insurance <br />ptttaittiatae „if say, 71sme itumns are caged "escrow items,” Leader may estimate the Funds due on the basis of current data <br />aad,rnaaasble estimates of future escrow items. <br />Tie Funds sW be held is an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state agetey (including leader if Leader is sack as institution). Lender shall apply the Funds to pay the escrow items. Lender <br />may not charge for holding and applying the Funds, analyzing the account or verifying the c--crow items, unless Lender pays <br />Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in <br />writing that idemt shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, <br />Leader shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without <br />charge, an annual accounting of the Fonds showing credits and debits to the Funds and the purpose for which each debit to <br />the Funds was made- The Funds are pledged as additional security for the sums secured by this Security Instrument. <br />If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the <br />due dates of the escrow items, stall exceed the amount required to pay the escrow items when due, the excess shall be, at <br />Borrower's option, either promptly repaid to Borrower or credited on month.y payments of Funds. if the amount of the <br />Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount <br />necessary to make up the deficiency in one or more payments as required by Lender. <br />Upon payment in full of all stuns secured by this Security Instrument, Lender shall promptly refund to Borrower any <br />Funds held by Leader. If under paragraph 19 the Property is sold or acquired by Lender. Lender shall apply, no late than <br />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. AppicalMa of PaymeNs. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs 1 and 2 shag 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 />i. Cbmges; Llens. 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 any. Borrower <br />shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on <br />time directly to the person tared payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under <br />this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing the <br />payments. <br />Borrower sing promptly discharge any Lien which has priority over this Security Instrument unless Borrower: (a) agrees <br />in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith <br />the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent <br />the enforcement of the ties of forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement <br />satisfactory to lender subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is <br />subject to alien which may attain priority over this Security Instrument. Lender may give Borrower a notice identifying the <br />Hen. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. <br />3.5- Luanne. 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" -Ind 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 />s` <br />providing the insurance shag be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. <br />AN insurance policies and renewals shall be acceptable to Linder and shall include a standard mortgage clause. Lender <br />shall have the nigh to bold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts <br />of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance carrier and <br />Lender. Lender may taste proof of loss if not made promptly by Borrower. <br />Unless Leader and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of <br />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 Leader's security would be lessened, the insurance proceeds shall be <br />applied to the sum 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 auras secured by this Security Instrument, whether or not then due. The 30-day period will begin when <br />the notice is given. <br />Udeas Landes and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpuo, the tare date or the monthly payments referred to in paragraphs 1 and .2 or change the amount of the payments. if <br />tinder paragraph 19 the Property is acquired by Lender. Borrower's tight 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 />i. Ptttswvmom and I- , ,eaana of Prevetp; Lameb". Borrower shall not destroy, damage or 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 acquires fee title to the Property, the leasehold and fee title shall not <br />merge unless Leader agrees to the merger in writing. <br />7. reoYetisa of lAaWs MWr 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 Lender's rights in <br />the Peopdty (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Iender <br />may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's <br />action may include My* my stems secured by a lien which has priority over this Security Instrument, appearing in court, <br />payin ramonabie attorney's fees and entering on the Property to make repairs Although Lender may take action under this <br />paragraph 7 Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become <br />additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of <br />paym M, these amounts shag bear interest from the date of disbursement at the Note rate and shall be payable, with interest, <br />upon notice from Lender to Borrower requesting payment. <br />