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M <br />55- 003448 <br />Lender pays Borrower interest on the f=unds and applicable law permits Lender to make such a charge. Borrower and <br />Lender may agree in writing that interest be <br />shall paid on the Funds. Unless an agreement is made or applicable law <br />requires interest tc be paid. Lender shall not be required to pay Borrower any interest <br />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 />j purpose for which each debit to the Funds was The <br />made. 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 <br />amount required to pay the escrow items when due, the excess shall be, <br />at Borrowers option, either promptly repaid to Borrower or credited to Borrower on monthly payttxnts of Funds. lithe <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 <br />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, <br />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 ably, no fitter <br />immediately <br />than prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the titter of <br />application as a credit against the <br />sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise all by <br />c <br />payments received Lender under <br />paragraphs 1 and 2 shall be applied: tint, to late charges due under the Note; second, <br />to prepayment charges date under the <br />Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, , t principal due. <br />4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the <br />Property which may attain pnonty over Security <br />this Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations 'm the manner provided in paragraph 2, or if not paid in that manner. Borrower <br />shall <br />pay them on time directiv to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower <br />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 venting to the payment of the <br />obligation secured by the lien in a manner acceptable to Lender: f b) contests in good <br />faith the lien by, or defends against -enforcement of ;he lien in, legal proceedings which in the Lender's opinion <br />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 <br />an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that anv aart of <br />the Property is subject to a lien which may <br />attain priority over this Security Instrument. Lender may give Borrower a <br />notice Identifying the Bert. Borrower shall satisfy the lien or take one or more of the forth <br />actions set above within 10 days <br />of the giving of notice. <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 . overage" <br />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 <br />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 <br />shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall gne prompt notice to the insurance, <br />carrier and Lender Lender may make proof of loss if not made promptly by Borrower. <br />L Lender <br />riles and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Property damaged. a the <br />r estorahon or repair is economically feasible and Lender's : ecurtr} s not 'essened. If the <br />restoratnn or : epai is Tor economically feasible or Lender's secunty would be insened. <br />the insurance proeeeds shall be <br />applied to the rums ce red by this Securit) Instrument, whether or not :hen due, with any excess paid to Borrower. If <br />Sorrowe ado inns h ?ripen}, <br />_ <br />or does not answer within 30 dais a notice from Lender !'ha: the insurance earner has <br />offered to et e : ; n,. then Lender may collect the insurance proceeds. Lender mac use <br />the proceeds to repair or restore <br />the Prop ,-771% r ;: par sum sec ;:red ny this 5ecunty Instrument, whether or not then due. Tate 30 -day period will becir. <br />when the <br />not 4,. is teen _ <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the 1ue hate of the monthly payments referred in <br />All <br />to paragraphs I and 2 or change the amount of the payments. if <br />under parse ph ; c ttte Property is acquired by Lender, Borrower's right *,o <br />anN insurance policies and proceeds resulting <br />from damage to the P .}perry prior to the acquisition shall pass to Lender to the extent of the sums secured (,t 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 Prnpeny. allow the Property to deteriorate <br />or commit waste. If this Security Instrument is on a leasehold. <br />Borrower shall :ompl% with the provisions of the lease, and if Borrower acquires fee title to the Property. <br />the leasehold and <br />fee title shall not merge uniess Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property; Mortgage Insurance. - If Borrower fails to perform :he <br />covenants and agreements contained In this Security Instrument, or there is a legal proceeding that <br />may significantly afTect <br />Lender's rights in the Property (such as a proceeding In bankruptcy, probate, for condemnation or ro enforce laws or <br />regulations), then Lender do <br />may and pay for whatever is necessary to protect the value of the Pr opera and Lender', r:.ht- <br />in the Property. Lender's actions may include <br />paying any sums secured by a lien which has priorin oyer this Securrt•. <br />Instrument, appearng in court, paving reasonable attorneys' fees and entering on the Property to make <br />repairs. - klthc.ue : ^. <br />Lender may take action under this paragraph 7. Lender does not have to do so <br />Any amounts dishursed by Lender under this paragraph' shall become addutonai deht of Borrower secured by r} is <br />Security Instrument. Unless Borrower and Lender agree to <br />other terms of payment, these amounts shall hear interest from <br />the date of disbursement at the Note rate and shall he payable, with <br />interest, upon notice from Lender to Borrowe- <br />requesting payment. <br />If Lender required mortgage insurance as a condition of making the Loan secured by this Security Instrument. <br />Borrower shall pay the premiums required to maintain insurance <br />the in effect until such it e as the requirement for the <br />insurance <br />terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />S. inspection. Lender or its agent may make reasonable entries upon and inspections <br />L <br />of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereh% <br />t\ <br />assigned and shall be paid to Lender. <br />I n the event of a total taking of the Property, the proceeds ;hall be applied to the sums secured by this Secunty <br />Instrument. whether or nor then due, with <br />Lh <br />' <br />anv excess paid to Borrower. in the event of a partial taking of the Property. <br />unless Borrower and Lender otherwise agree in writing, the sums secured b% this Security Instrument shall he <br />reduced <br />the amount of the prnc•eed,- multiplied by the following fraction: (at the total amount of the sums secured unryiediate1% <br />before the taking, divided by (bi the fair market value the Properly <br />of immediately before the taking. An} halance shall � e <br />paid to Borrower <br />