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85- 003348 <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 <br />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 interest <br />any 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 are <br />this Security Instrument. pledged as additional security for the sums secured by <br />If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to <br />the due data of the escrow items, shall exceed the amount <br />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 <br />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 <br />6 <br />secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Propert <br />y 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 <br />Lender, any Funds held by Lender at the time of <br />application as a credit against the sums secured by this Security Instrument. <br />y <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 <br />'Vote, <br />under the Note; second, to prepayment charges due under the <br />third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. <br />4. Charges; Liens. <br />Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the <br />Property which may attain priority over this Security Instrument, <br />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 <br />Pay them on time directly to the <br />shall <br />person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these <br />receipts evidencing the payments. <br />payments directly, Borrower shall promptly furnish to Lender <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 <br />a manner acceptable to Lender; (b) contests in goad <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 <br />of any pan of the Property; or ic) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines <br />the Property is subject to <br />that any pan of <br />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 <br />of the giving of notice. one or more of the actions set forth above within 10 days <br />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 <br />coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the <br />amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shalt be chosen by Borrower <br />unreasonably withheld. subject to Lender's approval which shall not be <br />Ali 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 <br />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 <br />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 <br />economically feasible and Lender's security is not lessened. If the <br />restoration or repair is riot economically feasible or Lender's security would be lessened, the insurance <br />applied to the scans secured by <br />' <br />proceeds shall be <br />this Security Instrument, whether or not theft due, with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days <br />9 <br />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 <br />r to pay sums <br />the Property oice <br />secured by this Security or restore <br />notice is given. <br />when the n instrument, whether or nor then duc. The 30 -day period will begin <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in <br />paragraphs 1 and - or :hinge the amount of the payments. if <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to anv insurance policies and <br />from damage to the Property <br />proceeds resulting <br />prior to the acquisition shall pass to Lender to the exten <br />Instrument immediately prior to the acquisition. t of the sums secured by this Security <br />b. Preservation and Maintenance of Property; Leaseholds Borrower shall not destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or commit <br />waste. If this Security Instrument is on a leasehold. <br />B grower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold <br />fee title shall not merge unless Lender <br />agrees to the merger in writing. and <br />7• Protection of Leader's Rights in the Property; <br />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 <br />Leader's rights in the Property (such <br />affect <br />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 <br />protect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has prionty over this Security <br />Instrument, appearing in court, paying reasonable <br />attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security Instrument, Unless Borrower and Lender agree to other terms <br />of payment, the a amounts shall bear interest from <br />the date of disbursement at the Note rate and shall be payable, with interest, <br />requesting Payment. upon notice from Lender to Borrower <br />If Lender required mortgage insurance as a condition of making Inc loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance <br />L <br />in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law, <br />S. Inspection. <br />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 <br />specifying reasonable cause for the inspection. <br />9. Condernsation. The proceeds of any award or claim for damages, <br />direct or consequential, in connection with <br />any condemnation or ether taking of any part of the Property, or for <br />conveyance in lieu of condemnation, are hereby <br />,Migned and shall be Patti to Lender_ <br />In the event &,t 14>ta1 taking r,f ihe Property, file pr K-ceds shall be applied to fire suits secured by ibis tie unt. <br />Itisvurtrnt whcrhr,r or ri„t then due, with any excess to. (Iorrowrr <br />p;eul Ir, the rvenr of a parual takmk of the Psectot�. <br />File, A I3 i care araif l erode :thcrwtse egret vi writing, the sums set :u: ecl',v this Sccuntp Instrumcin � >ha!j he rr,1u� c,l ht <br />tl:e ami t" 'tie t �rc1, rlot!t,phed by f,illowing <br />the frauion (ai the tal ,min iii a ihe'kilns ,erotic': n, i i it „fir,, <br />tM tf 3rd SFIr t➢k:ng , : {, tl f } •h,7 fall rnark't 4'aiut7 ul rhP Pr +.lberty tltt Prat ,l i:flr!� (�rf 'n^ <br />tit,• !dkln tit -L t, Jtd;i.. 11 li! h.. <br />