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X06417 <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and <br />Leader 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. Leader 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 she <br />purpose for which each debit to the Funds was made. The Funds arc pledged as addittonal security for the sums secured by <br />this Secorky Instrument. <br />If the amount tithe Funds held by i ender, 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 Lander is not sufficient to pay the escrow items when due, Borrower shall pay to Leader 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 stall promptly refuted 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. Appilitatim of Paytmeats, Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I 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 />A. Qtar`er. Liens. Borrower shall pay all taxes, assessments, charges. fines and impositions attributable to the <br />Property which may attain priority over this Secunty Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided in paragraph ? 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 ail 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 g. ,d <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 Under 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 />3. 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 coveraee" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and far the periods that Lender requires. The <br />insurance 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 shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall -,-INC 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 secunt 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 ibis Security Instrument, whether or not then due The 30 -day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proce_ds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs l and 2 or :hange the amount of the payments. If <br />under paragraph 14 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 to thee xtent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />i. Preserratioe 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 "I 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 Larder's Rights is 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 the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs .Although <br />Lender may take action under this paragraph 7, Lender does not have to do sit <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Botrowcr secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear mterest from <br />the date of disbursement at the Note rate and shall be payable. with interest. upon notice from Lender to Borrower <br />requMing payment. <br />If Lender required mortgage insurance as a condition of making ine 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 in accordance with Borrower's and Lender's written agreement or applicable law. <br />S. Inspsetioa. Lender or its agent may make reasonable entries upon and inspections of; he Property. Lender <br />shall give $ortewer notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Coodomin ion. 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 hereby <br />assigned and shall be pail to Lender. <br />In the event of a total taking of the Property, the prrwreds Shall b► apphcd to the sum% secured by this Securi. <br />Instrument, whether of not then due. with any excess paid is Borrower In +he vNent td a liaruei raking ,tt the Propr"}. <br />unless Horrower and l.endei uiherwiix agree in wrltlriR. the 1131m'ecured hl h:, . urin In.u; : :ne,v 11jail too rrdtn-ed b\ <br />the amount of the pit -eel's tnultiphed by the foilcowing fracti -n iai the <<'ta; iii ^nit , ( -hr wires "r'urrd intinediatch <br />before the taking, d.vuled tty tb1'tic lair market .Aluv (4 'he %' .�; crtti mercer ii :u, ;. :. !, the +ruder: 41:N i'Alatl r Yhail ? e <br />paid 141 $orrower <br />