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<br />r <br /> <br />I <br />84 -- 0047~j, <br /> <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 wrillng 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 dehitto 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 payr,nents 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 atlhe 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 Inslrument, 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 Prop" ';; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordir:ating the lien to this S 'tit:. "tfument. If Lender determines that any part of <br />the Property is subject to a lien which may attain priority ove: tillS Security Instrument, Lender may give Borrower a <br />notice identifying lhe 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 malUtained in the amounts and for the periods that Lender requires, The <br />insurance carrier providing the insurance shail be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withhe1d, <br />All tnsurance 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 give prompt notice to the insurance <br />carrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, IUsurance 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 repUlr 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 30-day period will begin <br />when the notice is given. <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 change the amount of the payments, If <br />under paragraph 19 the Property IS acquired by Lender, Borrower's righl to any insurance policies and proceeds resultmg <br />from damage to the Property prior to the acqutsItion shall pass to Lender to the e,<rent 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 IS on a leasehold, <br />Borrower shall comply with the provisions of the lease, and if Borrower acquires fee mle to the Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in wnting. <br />7, Protection of Lender's Rights in the Property; :Vlortgage Insurance, If Borrower fatls to perform the <br />covenants and agreements contained in thIS Security Instrument. or there IS a legal proceeding that may SIgnificantly alfect <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 mclude paying any sums secured by J lien whIch has pnonty over thIS Secunty <br />Instrument, appearing in court, paYIng reasonable attorneys' fees and entering on Ihe Property t<J make repairs. Although <br />Lender may take actIOn under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become addlllOnal debt of Borrower secured by thIS <br />Security Instrument. Unless Borrower and Lender agree to other terms ofpayrnenr. these amoums shall bear {merest from <br />the date of disbursement at the Note rate and shall be payable. with Interest, upon notIce from Lender to Borro\\'d <br />requestmg payment. <br />If Lender required m('r~gage insurance as a condition of makmg tne loan secured by thIS Secunty 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 writtt:n agtt:::t:rnenl or appiil:able law. <br />8, Inspection, Lender or its agent may make reasonable enrnes upon and inspections of the Property. 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, direct or consequential, in connectIon with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnallon, are hereby <br />assigned and shall be paid to Lender. <br />In the evelll of a total taking of the Property, the proceeds shall be applied to the sums secured by this Secunty <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 wriling, the sums secured by this Secunty Instrument shall be reduced by <br />the amount of the pfOceecs multiplied by the following fraction: (a) the total amount of the sums secured Immedlalely <br />before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />