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�oioo�435
<br />The �unds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
<br />(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender sha11 apply the
<br />Funds to pay the Escrow Items. I.ender may not chaxge Borrower for holding and applying the Funds, annually
<br />analyzing the escraw account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds
<br />and Applicable Law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-
<br />time charge for an independent real estate tax reporting service used by I..ender in connectian with this loan, unless
<br />Applicable Law provides otberwise. Unless an agreement is made or Applicable Law requires interest to be paid,
<br />Lender shall nat be required to pay Barrower any interest or earnings on the Funds. Borrower and Lender may
<br />agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge,
<br />an annual accounting of the Funds, shawing credits and debits to the Funds and the purpose for which each debit ta
<br />the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
<br />If the Funds held by Lender exceed the amounts permitted to be held by Applicable Law, Lender shall account to
<br />Borrawer for the excess Punds in accordance with the requirements of Applicable Law. If the amaunt of the Funds
<br />held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in
<br />writing, and, in such case Borrower shall pay to Lender the amount necessary to xnake up the deficiency. Borrower
<br />shall make up the deficiency in no more than twelve nnonthly payments, at Letzder's sole discretion.
<br />Upon payment in full of all sums secured by this Security Tnstrument, Lender shall promptly refund to $orrower
<br />any Funds held by Lender. If, under the section titled Acceleration; Remedies, Lender shall acc�uire or sell the
<br />Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time
<br />of acquisition or sale as a credit against the sums secured by the Security Instrument.
<br />Application of Payments. Unless Applicable Law provides otherwise, all payments received by Lender shall be
<br />applied: first, to any prepayment charges due under th� Note; second, to amounts payable under the section titled
<br />Funds for Taxes and Insurance; third, to interest due; fourth, to principal due; and last, to any late charges due
<br />under the Note.
<br />Charges; Liens. Borrower shall pay a11 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 section titled Funds for Taxes and Insurance, or
<br />if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. At the requcst of
<br />Lender, Borrower shall promptly fiarnish to L,ender receipts evidencing the payments.
<br />Borrower shall promptly discharge any lien. which has priority over this Security Instrum�nt unless Sorx'ower: (a)
<br />agrees in writing to the payment af the obligation secured by the lien in a rnanner acceptable ta Lender; (b)
<br />contests in good £aith the lien by, or defends against enfarcement of the lien in, legal proceedings which in the
<br />Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
<br />agreement satisfactory to I.ender subordinating the lien to this Sectu'ity Instrument. If Lender determines that any
<br />part of the Property is subject to a lien which may attain priority over this Security Tnstrument, Lender may give
<br />Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth
<br />above within 10 days of the giving of notice.
<br />Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected an the
<br />Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards,
<br />including floods or flaoding, for which Lender requires insurance. This insurance shall be maintained in the
<br />amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by
<br />Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain
<br />coverage described above, I.ender raay, at Lender's option, obtain caverage to protect Lender's rights in the
<br />Property in accordance with section titled Proteetfon of Lender's Rfghts in the Property.
<br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
<br />Lender shall hava the right to hold the policies and renewals. If Lender requires, Borrower shall pronnptly give to
<br />--- Lender all receipts of paid premiums and renewal notices. In the event of loss; Borrower shall give prompt notice
<br />to the insurance carrier and Lender. Lender may make proaf of lass if not made promptly by Borrower.
<br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or
<br />repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not
<br />lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
<br />insurance proceads shall be applied to the sums secured by this Security Tnstrument, whether or not then due, with
<br />any excess paid to Borrower. Tf Borrower abandons the Property, or does not answer within the number of days
<br />prescribed by Applicable Law as set forth in a notice from Lender to Borrower that the insurance carrier has
<br />offered to settle a claim, then L.ender may collect the insurance proceeds. Lender may use the proceeds to repair or
<br />restore the Property ar to pay sums secured by this Security Instrument, whether or not then due. The periad of
<br />time £or Borrower to answer as set forth in the notice will begin when the notice is given.
<br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
<br />or postpone the due date of the payments referred to in the sections titled Payment of Principal and Interest;
<br />Late Charges and F'unds for Taxes and Insnrance or change the amount of the payments. If under the section
<br />titled Acceleration; Remedies, the Property is acquired by Lender, Borrower's right to any insurance policies and
<br />proceeds resulting from damage ta the Property prior to the acquisition shall pass to Lender to the extent of the
<br />sums secured by this Security Instrument immediately prior to the acquisition.
<br />s� 2004-2009 Compliance Systems, Inc. 002D-AA96 - 2009.12.368
<br />Cousumer Real Estate - Security Inst:untrnt AL2D36 Page 2 vF6 www.eompliancesystems.com
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