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<br />I <br /> <br />84- 005501 <br /> <br />r <br />I <br /> <br />Lellder pays Borrower interesl 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 10 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 accounling of the Funds showing credits and debits to the Funds and Ihe <br />purpose for which each dehit 10 Ihe Funds was made, The Funds arc pledged as additional security for the sums secured by <br />t"'~r> lO:'-.,.........:-!'.. T...~.__._...,.... <br />~~a.... ~...u. .~J 4n~'1 u.nl~ul. <br />If the amount of the Funds held by Lender. together with the future monthly paYlpents 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 ~rrnwp.r.... {)!"t!'ion_ ~ithf"r nrom~tiv !"~n~lrl tn RnrrOUlf'r nr l"rerlitto:ti tn RnrrnU!f"'t' on mnnthlv navrn~r!!~ ~f Fut1d-t, If the <br />a~-;;~~t- of-;h~ F~~ds' heid l;/ Le~de~'is' ~~~ ~ffic~~t- t~p~y-;h~ ~~~~-ite~; ~h';;; d~e:-&~~~;r sh~ii-~~y-t~ L~nde~- ~~y <br /> <br />amount necessary 10 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 againsl 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 amounls 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 />Properry which may attain priority over this Security Instrument. 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 shalF <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 aceeptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, lega~ ...roceedings which in the Lender's opinion operate to <br />prevent the enforcement of Ihe lien or forfeiture of any part of 'he ,'.}perry; or (c},ecures from the holder of the lien an <br />agreement satisfactory to Lender subordinatin~ the lien to thi, cco..;urity Instrument, If Lender determines that any part of <br />the Property is subject to a lien which may auain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying Ihe lien. Borrower shall satisfy Ihe lien or take one or more of the actions set forth above within 10 days <br />oflhe gtving of notice. <br />S. Hazard Insurance. Borrower shall keep Ihe improvements now existing or hereafter erected on the Property <br />insured against loss by fire. hazards inciuded 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 not be <br />unreasonably wlthhe1d, <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 renewalnolices, In the event of loss, Borrower shall give prompt notice to Ihe insurance <br />carner and Lender. L~nder may inak( proof uf10ss if not made pf0l11pdy 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 lesseraed. If the <br />restoration or repair IS not economically feasible or Lender's security would be lessened. the insurance proceeds shall be <br />applied 10 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 coHect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Securtty Inslrumenl, whether or nOI then due, The 30-day period will begin <br />when the notice IS !i:lven, <br />Unless Lender :md 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 I and 2 or change the amount of the payments. If <br />under paragraph 19 the Property I'; acquired by Lender. Borrower's right 10 any insurance policies and proceeds resulting <br />from de.mase!o rh~ ?rop~rty priOr!0 !h~ ~i:qll!s;!iGn shaH pass to. Lender to the extent of the sums secured by this Se-:urit]" <br />Instrumem immediately pnor to the acquisition, <br />6. Preservation and Maintenance of Property; Leaseholds, Borrower shall not deslroy. damage or sut>s!antially <br />change Ihe Property. allow the Property to deteriorate or commit waste, If this Security Instrumenl is on a leasehold, <br />Borrower shall comply wilh the provisions of the lease, and if Borrower acquires fee title to Ihe Property, the leasehold and <br />fee lille shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights ;n the Property; Mortgage Insurance. If Borrower fails 10 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 ProperlY (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 altorneys' fees and enlering on the Property 10 make repairs, Although <br />Lender may take aCHon under this paragraph 7, Lenaer does nOt have to do so, <br />Any amOunts disbursed by Lender under this paragraph 7 shall become additIOnal debt of Borrower ,;ecured by thIS <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear imerest from <br />the date of disbursement at the Note rate and shall be payable. with intercst, upon notice from Lender to Borrower <br />requeslmg payment. <br />If Lender reqUIred mortgage msurance as a condItIon of maKing the Joan secured by this Security Instrumem, <br />Borrower shall pay the premiums required to maintain the Insurance In effect untll such tIme as the requirement for the <br />insurance terminates In accordance with Borrower's and Lender's wrillen agreement or applicable law, <br />8, Inspection. Lender or Its agent may make reasonable entnes upon and Inspections of the Property. Lender <br />shall give Borrower notice al the time of or pnor to an inspection specifying reasonable cause for the inspection. <br />9. Coodemlla!ioo. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other laking of any pan of the Property, or for conveyan\:e III lieu ,)1' condemnation. are hereby <br />assigned and shalll:>e paId Il) Lender, <br />In the event of a total taking ,}f the ProperlY, the proceeds shall be applied to the sums secured by thlS Secumy <br />Instrument, whether Or nOlthen due, with any excess paId to Borrower, In the event of a partial taking of the Property, <br />unless Borrower and Lender otherwts<: agree m wnung, Ihe sums s~'Cured by this s.:..:umy Instrument shall be reduced by <br />the aml,lunt of the proceecs mult'phed by the follOWing fra~tlOn: (a) the :Olal amount of the ;urns secured tmlned,ate!y <br />bef<,we th-c tak.mg. 'i..ilvuled h)' ~b) the flur rna,rkr-t value uftnc Propeny HumcJ...hateiy before thc. rakmg AllY b~lan\:t..: ~hajj Me <br />p:li.ld tu ~.Jrrt)wer <br />