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2 <br />85-004120. <br />7 <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 1 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 in 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 />notice identifying the lien. Borrower shall satisfy the lien or take ore or more of the actions set forth above within 10 days <br />of the giving of notice. <br />S. Hamird 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 co%erage" 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 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 ,hail mc!ude a standard mortgage clause <br />Lender shall have the right to hold the policies and renewals. If Lender requires. Borrnwer shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shail give ,prompt notice 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 be applied to restoration or repair <br />of 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 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 30 days a notice from Lcnder that the insurance carrier has <br />offered to settle a Maim, then Lender may collect the insurance proceeds. Lender ma} use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument, whether car not then due The W0 -da period will bean <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proce.d% to principal shall not extend or <br />postpone the due date of the monthly payments. CfCrTCd to in paragraphs 1 and : or change the efnOUrit of the payments. If <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance poh,:ics and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured b% 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 deteriorate or commit waste if this Security Instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and <br />fee tole 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 fails to perform the <br />covenants and agreements contained in this Security instrument, or there is a legal proceeding that may, significantly affect <br />Lender'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 lire Property and Lender's rights <br />in the Property. Lcnder's actions may include paying any sums secured by a hen which has priority o%er this Security <br />Instrument, appearing art court, paying reasonable attorneys' fees and entering nn the Property to make repairs Although <br />Lender may take action under this paragraph 7. Lender does not have to do ,o <br />Any amounts dishursed by (.ender under this paragraph 7 shall become additional .left tit Borrower secured h% Offs <br />Security instrument L'n1e<,s Borrower and Lender agree to other terms of payment, OWSC amount% %hail bear interest from <br />the date of disbursement at the Note rate and shall he payable. with iniere %t. upon notice front Lender to BortU,%e- <br />requesting payment <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Wrtower shall pay the premiums required to maintain the insurance ht effect until such time a% the requirement for the <br />insurance tertnirates in accordance with Borrower's anti Lender's written agreement or applicable law <br />and r,l the Property Lcnder <br />L 6, lnspsetion. Lender or its agent may "take reasonable entries upon inspecuon% <br />Borrower at the urne of or to an inspection specifying reasonable cause f,u the inspection <br />%hail gi%e notice prior <br />9. Condemnation. The proceeds of any award or claun for d images, direr or :Onscgl enri,ll. tit .rnnection wil11 <br />, <br />any condemnahur or other taking of any part of the Property, car for con%ayert%e it lieu of rndenutetion, .ire hefri,s <br />r <br />axugned and shall be paid to Lender, <br />In the event 4 a total taking of the Property, the proceeds shall be applied tai the %urns ,riurril hN thr. 'rm1 rnfi <br />a <br />Irmfurrtenf, whe'tfrr of not then due, with any excrsa paid to Burrower In the eNcm, .0 a part,. +I liar i'i :��•<ti. <br />tintess ]t,irr�+ V, all,,i I. t/idtr rhef,Aj r.fkrrr in wfi(lii r; th.t ,.{773 %(`Cared is 'f!% %.e'. lip; l ti, {'li sill111 \�i.1.1 f fC' :�!i 'ii �`• <br />lilt a!n,.i,irit 1�t the 11,�.rt,', mo, t;pIwJ t,y fit <br />eT tit II -Pe, Its! 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