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?so— 006123 <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 ?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 />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 ieasehold payments or ground rents, if any. <br />Borrower shall pay these ob4gations 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 to writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (bit contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal proceedings which to 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 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 now existing or hereafter erected on the Property <br />insured 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 carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall no! be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard morigaze clause. <br />Lender shall have the right to hold the policies and renewals. If Lender 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 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 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 or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The ?0 -day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any appiicaton of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to to paragraphs 1 and '_ or change the amount of the payments. if <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to am Insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by 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 a 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 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 max Vgnliicantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation tit to enforce laws or <br />regulations), then Lender may doand pay for whatever is necessary to protect the vaiue of the Propern and Lender', rights <br />in the Property. Lender's actions may include paying arty sums secured by a hen which has priorir. rser this Secur.ts <br />Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs Although <br />Lender may rake action under this paragraph 7, Lender does not have to do so <br />Any amounts disbursed by Lender under this paragraph' shall hccome additional debt of Borrower wcured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of paymrnl. these arnounis shall bear interest frorn <br />the date of disbursement at the Note rate and shall he payanie, with interest, upon notice from Lender to Borrower <br />requesting payment. <br />If Lender required mortgage insurance as a condition of mating the Loan secured by this Security Instrument. <br />Borrower shall pay the premiums requited to maintain the insurance in etl'ect 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 />L d, Inspection. Lender or its agent may make reasonable entries upon and inspections of the I'roperty. I.,ender <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 Gyr damages, direct or consequential, to connection with <br />any condemnation or other taking of any part of the Property. (it for conveyanrr m hell A ondenination. are heteh <br />assigned and shall he paid to I- erider <br />In the _event of a total taking of the Property, the proceeds shall br applied to the •urns'.rcurrd by this ticiuni% <br />Instrument, whether or not then due. with any excess paid to Borrower In rile event of a partial taking oI rhr Viofwit� <br />unless fiurrower and lender ,therw1w aitice in writing, [tic sums �r(uted , +s !ins `sccunrt InSI! -,Ill rr11 011All fV !VdIIIr,t ! c <br />'tic amount )f the rfo,,rr.(" rritilliplird by rhr Inlowing, fra+_tl+,n I:I) rhr' =>inl nnu,unt •,f ilr'ums ,eetr.rd �nvuei it,.• <br />wt`slrr tile. * illy mmkirt oalur of <,hr 0tr'.ittill! 1ne <br />;'sire r, t�lurt�=sti Ct <br />_r <br />