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<br />i... <br /> <br />84 - 005538 <br /> <br />Lender pays Borrower interest on the Funds and applicable law permils 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 inlerest to be paid, Lender shall not be required to pay Borrower any interesl or earnings on the Funds, Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits t.:llhe Funds and the <br />purpose for which each dehit 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 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 />amounl of the Funds held by Lender is not sufficient to pay Ihe escrow items when due, Borrower shall pay 10 Lender any <br />amount necessary 10 make up Ihe deficiency in one or more payments as required by Lender, <br />Upon payment in full of all sums secured by this Security Instrument, Lender shali 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 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 lale charges due under the NOle; second, to prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth, 10 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 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 10 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 10 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 enforcemenl of the lien or forfeilUre of any part of the "operty; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to th> ;" ',In'y Instnlmc'~" If Lender determines that.any part of <br />the Property is subject to a lien which may ~~tai'l priority 'I Ihis 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 lOdays <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 lerm "extended coverage" and any other hazards for which Lender <br />requires insurance, This insurance shall be maintained in the amounlS 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 wilhhe1d, <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage dause. <br />Lender shall have the right 10 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 nOI 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 B.-?rrow-er~- If <br />Borrower abandons the Property. or does nOI answer wilhin 30 days a nOlice from Lender that the insurance carrier has <br />offered to seltle a c1aim~ then Lender may collect the insurance proceeds, Lender may use the proceeds 10 repair or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due, The 3O-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 pay men IS referred to in paragraphs I and 2 or change the amount of the payments, If <br />under paragraph 19 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 acquisilion shall pass to Lender to the exlent of the sums secured by Ihis Security <br />instrument immediatcIy Pftt,)1 tU {he a-';4uislliutl. <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 Ihe provisions of the lease. and if Borrower acquires fee litle 10 Ihe Property. the leasehold and <br />fee litle 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 />covenanlS and agreemenls contained in this Security Inslrument. or there is a legal proceeding thai may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnalion or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect Ihe 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 />Inslrument. appearing in court, paying reasonable altorneys' fees and entering on the Property to make repairs, Although <br />Lender may take aClion under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debl of Borrower secured by'this <br />Security Instrument. Unless Borrower and Lender agree to other terms of paymenl, these amounts shall bear interest from <br />the date of disbursement at the Note rate and shall be payable, with interest. upon notice from Lender to Borrower <br />requesting payment. <br />If Lender required mortgage insurance as a condition of malong toe toan secured by this Security Instrument. <br />Borrower shall pay the premiums required 10 main lain the insurance in effect until such lime as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's wrilten agreement or applicable law, <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly, Lender <br />shallllive Borrower nOlice atlhe lime of or prior to an inspection specifying reasonable cause for the inspection, <br />- 9. Condemnation, The proceeds af any award or claim for d~m~ges, direcI 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 paid to Lender. . ' <br />In the event of a tOlal 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 takmg of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceecs multiplied by the following fraction: (a) the tolal amount of the sums secured Immediately <br />before the takmg, divided by (bi the fair market value of the Properly immedialely before the taking, Any balance shall be <br />paid to Borrower. <br />