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85, 003766 <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 requited to pay Borrower any interest or timings 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 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 cite 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 optical, 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 maize up the 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 i teiy prior to the sale of the Property or its amuisition 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 Payiarents Una applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first, to late charges die under the ]vote: 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. 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 evil= -ncirg 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 lieu by. or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Properly: or t_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 grower a <br />notice ideritifying 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 />' 5_ Hazard Insurance_ Borrower shall keep the improvements new existing or hereafter erected on the Property <br />insured against .oss by re, 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 arrer providing the insurance shall be chosen by &grower -subject to Lender's approval which shall not be <br />unreasonably withhe:d- <br />All insurance policies and renewals shall be acceptable *o Lender and shall include a standard mortgage clause. <br />= <br />Lender shall have the right Io hold the policies and renewals- If Lender requires. Borrower shall promptly give *o Lender <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt nonce 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 he applied to restoration or repair <br />of the Property damaged. if the restoration or repair is economically feasible and Lender's secunnI is not lessened. If the <br />restoration or repair is not economicalh feasible or Lender's security would be lessened, the insurance proceeds shall he <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 c arrtr. 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 Propene or to pay sums secured by ihrs Security instrument, whether or not then due. The 30-day period will bcgm <br />when the notice IS gayer. <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 paragraphs 1 and 2 or chance the amount ;?f 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 to the acquisition shall pass to Lender t,o the extent of the sums secured t,% this Security <br />Instrument immediately prior to the acquisition. <br />6 and Maintenance of Property; Leaseholdsi. Borrower shalt 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 />Ek- irrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and <br />fee title Mull not merge unless Lender agrees to the merger in writing. <br />7. Preftotion of Leader's Rights is the Property; Mortgage Insurance. If Borrower fails to perform the <br />coverants and agreements contained in this Security Instnrnrent, or there is a legal procerding that may significantly affect <br />Laider*s rights in the Property (such 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 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 pnortty over this Security <br />Instrumen=t, appearing in court. paying reasonable attorneys' fees and entenng on the Property to make rep;srrs. Although <br />Lender may take action under this paragraph. Lender does not have to do so. <br />Ariy amount, disbursed by Lender under this paragraph' shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, ti ese amounts shall bear interest from <br />the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower <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 the insurance in effect until such time as the requirement for the <br />insurance terminates it, accordance with Borrower's and Lender's written agreement or applicable law. <br />L & Inspection. Lender or its agent may make reasonable entries upon and inspections of the Propery. 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. director consequential, in connection wish <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby" <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any 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 by this Secant} instrument hail +e reduced b> <br />the amount of the procee& multiplied by the following fractic- tai the total amount of the sums secured ,mmediatei% <br />before the *akin¢. dnided by (bi the fair market value of the Property immediately before the takine..4nti !,a:ance shall he <br />' paid to Borrower <br />