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X <br />03-- 002343 <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 be 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 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 to the Funds was made. The Funds arc 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 due, 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 shall 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 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 t 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. 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 to 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 lien which may attain priority over this Security Instrument, Lender may give Borrower a <br />nonce 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 gavtng 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" .end any other hazards for which Lender <br />requires insurance This insurance shall he maintained in the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall he 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 •hall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. if l.xnder requires. Borrower shall promptly live to Lender <br />ail receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to 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 he applied to restoration or repair <br />of the Property damaged. if the restoration or repair is economically feasible and Lender's wcurtty 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 '10 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 30-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application (if proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and M or change the amount of the payments. If <br />under paragraph IQ the Property is acquired by Lender. Borrowers right !o any Insurance policies and proceeds resuiitns <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 destroy, damage or substantially <br />change the Property, allow the Property to deterwrafe or :onlnllI waste. If this Security Instrument rs on :I ieasehold, <br />Burrower shall comply with the provisions 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 'ails to perforin the <br />covenants and agreements contained in this Security Instrument, of there v, a legal proceeding, that may significantly affec! <br />I.,cndef s nit in the Property (snGh as a proceeding In hankrupicy, probate. !(,r condemnation • r- to crilorce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value „f the Propene and Lenders rights <br />in the Properly. Lender's actions may include paying any surf» secured by a lien which has priority o, er this Securiti <br />Instrument, appearing in court, paying reasonable attorneys' fees and entering can the Properly io make repairs : rhouah <br />Lende€ may take action under this paragraph Lender does not have to do sum <br />Any amounrs dishursed by Lender under this paragraph ' shall hca erne additional debt of liorro%%er scLur ed by :!,,is <br />Security Instrument, U mess Borrower and lender agree tit other items of pay rn,'!I1, 0 !No trnoutlts ,hal! hear rilerest front <br />the date of drshursetncnt at the Note rate and shall he parable, wtth interest, upon nonce ;'rorrl I.crnder t" Ilrrro%kv- <br />requesting paynmcng <br />If Lender required mortgage Insurance as a condition of making time wan secured by this Security lnstruinent, <br />Mirrrrwer shifil par the premiums required h7 maratain the insurance in effect until such intle as the requu'ement for ti:e <br />insurance tr•rrrtirtates m accordance with Borrower's arud Lender s written agrecmcm nor ap ph:able law <br />M. litspectilon. Lender (it Its .agent stay make reasirnlatile entries upon and tnsliectums of the Property Lendei <br />shall give Etorrowcr ncruce at Itic time of i,r prior Ica air msl ection sperifymg reasonable cause fix the inspection. <br />9, f' n"llemostion, fire prmeeds 0 f ;atmy award of c:Iaim felt damages. direct or ronsequeniial, in :tinfieOwn u'tih <br />any -ondettinatlon or ""her taking of any part of the Property. or for conveyance In heu of ,ondenlni.%n !n, .ire herrhv <br />as Igned and shall fir paid to Lrntder <br />In file event r,f a !r,ful t,,;„Ing of The Pr,iperrv. ahe ('rr�erds shall rt. nwplirrd It, ;tie eums ,r( :kllVd by Ibis securuc <br />lrtsrri,rnent, whcthet . +r u„i the +r ,!uci, wniti any eXCCSS paged I.. Burrower !n the e° rw if a parnal Iaktnk ;,f the I'iolvrto <br />st'el<"i<5 Fk,f -weir trn(.6 I , :v,lor thcrivisct igiv,? in wrrrng. the surn't ec7cttrrd f,v this histrnntent Ovid he ieitttcckl I . <br />!tie .tmia,um If '°z. g.r +,t..mrt`s multiphrd by the GilJowrng if:a:,It-,rt silt ,he !Ot:ai ,totem, I the -,wnr �., .�ir(1 nn11wolaw!y <br />f per fIje !,akin f t• ". ' hi rile lmr market ,Out• (,f the Atit hak:uit, <br />