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85- 005282 <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower <br />and <br />Lender may agree in venting 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, <br />an annual accounting of the Funds showing credits and debits to the Funds and the <br />purpose for which dehit <br />each to the Funds was made. The Funds are pledged as additional secuniv 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; <br />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, leasehold <br />and payments or ground rents, if am'. <br />Borrower shall pay these obligations in the manner in 2, <br />provided paragraph or if not paid in that manner. Borrower shall <br />pay them on time direct!% t6 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 Secunty Instrument unless Borrower (a i <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender: (bl contests m 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 Secunty Instrument. If Lender determines that any par 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 one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />S- Hazard Insurance. Borrower shall keep the improvements now existing Dr hereafter erected on the Property <br />insured <br />against loss by fire, 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 earner providing the insurance shall be chosen by Borrower subject to Lender's appro%al which shall not he <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall mciu ie a standard mortgage clause. <br />Lender shall have the right to hold the <br />policies and renewals. If Lender requires, Borrower shah prompt y give ;n Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall <br />gtse prompt -once io the ; nsurance <br />carver and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in venting, insurance proceeds shall be applied to restoration or repair <br />of the Property damages, if the restoration or repair is - <br />economically :asible and Lender s security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's secunly would be lessened. the Insurance proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with arty excess paid to Borrower. If <br />Borrower abandons the Property. or does <br />not answer within 30 days a notice from Lender that the insurance earner has <br />offered to settle a claim, then Lender may collect <br />the insurance proceeds. Lender mar use the proceeds to repair or restore <br />the Propery or to pay sums secured by this Security Instrument, <br />whether or not then due The ?0 -das period will berm <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree to writing, any application of <br />proceeds to p rtnctpai shall ;tit extend or <br />postpone the due date of the monthly payments referred to in paragraphs +. and 2 or hangr the amount of the payments. If <br />under paragraph 19 the Property Is acquired by Lender, Borrower's right to any insurance pofi ties and proceeds resuhmc <br />from damage to the Property prior to the acquisition shall Lender <br />pass to to the extent of the sums se: ured hr this Secunty <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shail not destroy, dartaee or substannaily <br />change the Property, allow the Property to deteriorate <br />or commit waste. if this securit Instrument Is on a leasehold. <br />Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title tci the Pmperry, 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 fails to perform the <br />covenants and agreements contained in this Security Instrument. or there Is a legal proceeding that may signifcanny affect <br />Lender's rights in the Property (such as a bankruptcy, <br />proceeding in probate, for condemnation -or t, enforce ;aws or <br />regulations). then Lender may do and pay for whatever is necessary to protect the vaiur of the Properry and I. ender's rights <br />in the Property Lender's lotions may include paying any sums secured by a lien winch has nriorrrs ,,s er this sc.: tj. <br />Instrument. appearing m court. paying reasonable attorneys' fees <br />and entering on the Property to make repairs :Aithuugit <br />Lender may take action under this paragraph 7. Lender does not have to dc, so <br />Any amounts disbursed by Lender under this paragraph 7 shall hcconic additional idcht of Borrower secured ),)% ilia <br />Security Instrument. finless Borrower and Lender agree to other terms <br />i>f payment. these am,>unts shall hear ;merest frr1ni <br />the date of disbursement at the Vote rate and shall he payable, with iwere•st, upon mince `rotn Lender Rr,rrr,t.cr <br />in <br />requesting payment. <br />If Lender required mortgage insurance as a condition of making the loan secured by this Secunty Instnumenl. <br />Borrower shall pay the premiums required tp maintain the Insurance In effect until such time as the requirement for the <br />l_ insurance terminates in accordance with Borrower's and Lender's written agreement or applicable raw <br />E. inspection. Lerida <br />ilti <br />or Its agent may u <br />make reasonable entries upon and ;nspecons 'f the Properry Lenoir <br />,hall give Borrower rriiice at the time of or prior to an inspection specifying reasonable came Gov the inspc�tiofl <br />9. Condemnation. The prtkcedsof any award or clairn for damage!,, duect cr;onsequcndal, n ;onr tenon u111; <br />r. <br />any condemnation .,r other taking „f any part of the Property, or fill conseyun:e Ir ilea :�i nndenuiau.n. arc lien h, <br />34iigned and ,ha.i he pail it: 1. ender <br />in the cvCnt of a total taking of the Pr>;icrty. the pr, +coeds shall be .epplie.l '.+ 'he ,urns ,r.'urc,i ',s ih,s Berl, .; <br />Instrurt:eiii, <br />whe!hcr q +it,[ !hen due, with aric eat :css ;,aid to Hutrower In -tic .tent :,i a ;,all;,,! ai tits ( the <br />i3otr;rner <br />:zilic',s and Lender + :.ther•atsc agree in wt:tul;t, the 'urns st.ured �% ,f:a Sr.urlt� 1n.;; :rncrl .h,o: be <br />the :Im"unt ,:f c ^_c.'s multiplied 61% the !ullowutFt !'ra,_tuvi I:r+ !it,. 'e tal .I:nuuilt •i •hc Sul :i, <br />.r' YP! :kad i:rd' �7lhe ,,Ir '1Litk�.i ,all/•.';I IheE "t'eit.. !':. i., :�V, t!r,i ,. 'hr '.t� :., \: .ii.. ..: +. <br />f9 <br />