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<br />84c"'" 005168 <br /> <br />r <br />I <br /> <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to make sucn a charge, Borrower and <br />Lender may agree in wming that inlerest 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, withoul charge. an annual accounting of the Funds showing credits and debits to the Funds and the <br />purpose for which each dehit 10 Ihe Funds was made. The Funds are pledged as additional security for the sums secured by <br />thic: ~11";"'V Tnf;tl"Um,pnt <br />,...- ---1-( ;he ~;;'~~~;-~fihe Funds held by Lender. logether with the future monthly paYl)'lents of Fuuds payable pnor 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 oplion, either promptly repaid to Borrower or credited 10 Borrower on monthly payments ,.,f Funds, If the <br />amount of Ihe Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any <br />amount nece~sary 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 />Ihan immedialely 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 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 />4, Charges; Liens. Borrower shall pay alllaxes, assessments, charges. fines and impositions attributable to the <br />Property which may altain priority over this Security Instrument, and leasehold payments or ground rents, if any; <br />Borrower shall pay these obligalions m the manner provided in paragraph 2, or if nOI 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 Ihese payments direclly, Borrower shall promptly furnish to Lender <br />receipls evidencing the payments, <br />Borrower shall promptly discharge any hen which has priority o\'er Ihis 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; (b) contests in good <br />faith the lien by, or defends agamst enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevem 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 Ihe lien 10 this Security Instrument. If Lender determines that any part of <br />the Property is subject to a lien which may atlain priority over !his Security Instrument, Lender may give Borrower a <br />r!~~~~:: i::k!1~if::'~:1!: t~~ !!::-:;. g..::;:~Yi::! ~ha.E ~~t!~fy the E::~ t:r t~~..: .1"~, 'f !!10rt 0! !h~ a~~t~0n~ 'E-et forth ~oove w~!h!'!1 to-$p: <br />- . <br /> <br />L <br /> <br />of the gIving of notIce. <br />S, Hazard Insurance. Borrower sha~: j(eep tht im,JlJvements now existing or hereafter erected on the Property <br />msured against loss by fire, hazards mcluded WIthin the term "eXlended coverage" and any other hazards for which Lender <br />requires Insurance. This Insurance shall be mamtamed in the amollnts and for the periods that Lender requires. The <br />IIlsurance carrier proVIding the Insurance shall be chosen by Borrower subject to Lend"r's approval which shall nOlbe <br />unreasonably wllhhe1d, <br />All tosurance poliCIes and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shaH have the fight to hold the poliCIes and renewals, If Lender requITes, Borrower shall promptly give 10 Lender <br />all receIpts of p:ud premiums and renewal fionces. In the event of loss. Borrower shall give prompt nOlice to the insurance <br />carr~er and Lci1dcr. Lendi:i may maki: proof ofloss if not mzde pr-ompt1y by Borrower. <br />Unless Lender and Borrower olherwlse agree in writing, insurance proceeds shall be applied 10 reslorationor repair <br />of the Property damaged, If the restoration or repair is economically feasible and Lender's securilY is not lessened. If the <br />restoration or repaIr IS not economIcally feaSIble or Lender's securilY would be lessened, the insurance proceeds shall be <br />applied [0 the sums secured. by this Security lnstr...:.ment. whether or not then duet with any exc...-ss paid to Borrower. If <br />Borrower abandons the Property, or docs not answer WIthin 30 days a notice from Lender that the insurance carrier has <br />o/fered to settle a c1:llm, then Lender may collect the msurance proceeds, Lender may use the proceeds to repair or restore <br />the Property '-'r to pay sums se-.:ured by thIS Secunty Inslrumenl, whether or not Ilten due, The 30-day period will begin <br />when the notIce IS gIven. <br />Unless Lender and Borrower otherwIse agree in writmg. any application of proceeds to principal shall not e:ttend or <br />postpone the due dale of the monthly payments referred to m paragraphs 1 and 2 or change the amount of the payments, If <br />under paragraph I <} the Property IS acqUIred by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage to I he Property pnor to the acqUlsllion shall pass to Lender to the extent of the sums secured by this Security <br />Instrument Imme.:hately pnor In the acqulslllon. <br />6. Presenation and :\taintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Property. allow the Property to deteflorate or commll waste, If this SecurilY Instrument is on a leasehold. <br />Borrower shall comply wlIh the prOVIsions of the lease, and If Borrower acquires fee tIIle to the Property, the leasehold and <br />fee litle shaH not merge unkss Lender agrees to the merger in writmg, <br />7. Protection of Lender's Rights in Ihe Properly; :\tortgage Insurance. If Borrower fa &Is to perform the <br />CO\enallts and agreements contaIned In !h,s Secunty Instrument. or there is a legal proceedmg that may SIgnificantly a/fect <br />Lender's fights m the Property (such as a proccedlRg In bankruptcy, probate, for condemnatlon or to enforce laws or <br />regulauons'), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />1n the Property Lender's actt<>ns may Include paymg any sums secured bv a lien which has priomy over thIS Security <br />Instrument, appeanng III court, paymg reasonable attorneys' fees and enteflng on the Property to make repairs. Allhough <br />Lender m~y t..lke a~!lI,)n under thIS paragraph 7. Lender does nOt have tt) do so <br />Any amounlS dIsbursed by Lender under (hIS paragraph 7 shall become addItional debt of Borruwer secured by thIs <br />Secuflly lmtrument Cnle,;,; Bonower and Lender agree :0 other terms of paymenl, Ihese amounts shall bear Interest from <br />the date \.If dis.burscm~::nt J.t fhe 'SOle rale and shaH be payable. With UH~resi.. upon notlt.:'e from lender to Borrower <br />rcquesllng p..ym~nt. <br />If Lender requlfed ml)rtgage Insurance as a conditIon 01 maKmg Ine loan secured by th,s Secuflty instrument, <br />Borrower shall pay the premIums requlfed 10 mamtalll Ihe Insurance in effect untll sllch tlme as the requlfement for the <br />.ns.urance t:rnun~tes m ac~orddnce wuh Borro~cr'$ and Lender's written agreement or apph-cable law, <br />g, IllSlWClion. Len,i~, ,'r ItS aaem mav make reasonable entflei upon and Inspectlons of the Property Lender <br />shall gIve a..'rr'owel' notll.:e at the tlme of;;r pnor (0 an Inspectlon >pec,fymg rea",mable ca~se for the Inspectlon. <br />9. C0n4~mnation. The proceeds of any award or claIm for damages, direct or ;:onsequentlal. in .;onne;;tlon wllh <br />an) ;;;ondclnn.uon or other uKlng of any paft of the Property. (lr fOf ct..mV~yan:;-e in beu \,)f >,;;o.nJ('mnatton. are hereby <br />45Mgned anll shall be plud h) Lender <br />in the c'Jcnt of a t;,,)tal takmg l,)f lh~ Pr-Or<ft)', the rnx:ecds ~haH be .'1pphed tll the 'lollIt1:, 'ic~urt"J b~ thrs SC'CurH~ <br />lnilHlirt'"f,tH. >"\h;t!hi:i \H' i1i..it th\:ll Jij(". with any C\.;~:; PQtd {r; BorTi,wcL ~;j ihc e-':Clit ...~f "' p-anH~1 ulkmg \.~( in-e pl"'p~~n~' <br />~n!~\ Borr.)~~tr. ;)tnd t tuder \'.\thef~t:,e ~gree Hl~"'.~'Hmg, n,le s'um~ ,e-Lur~ hy thIS SdurHY.l~\strUfl1~nl ihi~li ~'l(" tt..~U:.~_l:_.~~ <br />~ne- ..-in-oun, "r the ~:f..~'ce'l<,) mtiHlt"iH~d by {he !t)Hn;i,'wg Ir,1;;.:Oun i;.)j the rota! ar:H..h.uH ~!l the ~um~ \(t':U1CU lmHlc\,.lIiHC;l.~ <br />~k\(e 1h~ Lik-;:ng, .,h\,;,dw h-~ i,fn ~h-:- bu 111..:nKt:i vitiuc df !~e- Pfo~~rty urunl'1..ktl(."h b-efnre tiH: (,\tung ,-\rn t.1~lt~Ul~'{: :..,h~lH l'~c <br />t~td t.-, fkHrc-...ct <br /> <br />I <br />l <br />I <br />t <br />