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HomeMy WebLinkAbout0943 . . . . . lxnder may not charge for holding and applying the Funds, analyzing the account or venfying the c•scrow items, unte~~ 1_rnder pays E3orrower imerest on the Fund~ and applicable law permits l.ender to make such a eharge. &~rrc~w~er and Lender may agree in wnting that interest shall be paid on the Funds. Unlecs an agrerment is made c~r applicable law• reyuires interc~t to be paid, Lcnder shall not be required to pay Borrow~er any interest or earning~ on the Funds. L~nder shail give to E3urruwer, w~thout charge, an annual accounting of the Funds showing crrdits and debits to thr Funds and the purExne for whirh each debit to the Funds w~as made. The Funds are pledged as additiona) ~reunty for thr tium~ ~ec urc~cf by ~ ~ th~s Srcurity Instrument. lf the amc~unt of the F~nds held by Lender, tagether wilh the futurc monthly payments of Punds pay~bic priot tu the due datc~s of the escrow items, shalf exceed the amount required to pay the escrow itrms when dur, the exress shall be. at &~rrowrr's option, either promptly repaid to Borrower or credited to Borrower on monthl~~ payments of Funds. !f the amount of the Funds held by Lender is not sufficient to pay the escrow items when due. Borrow~~r shall pay to Lender any :?mount necrssary to make up the deficienry in one or more payments as requirecf by L.ender. Upon papment ~n fuU of all sums ucured by this Secu:ity Instrument, L.ender shall promptly refund to Borrower any Funds held by Ltnder. If under paragraph 19 thc Property is sold or acquired by Lender, Lender shall apply. no later th~n immeciiately prior to the sale of the Property or its acquisition by Lender, any Funds held by~ Lender at thc t~me of :~pplication ati a credit against the sums secured by this Secunty Instrument. 3. Applieation of Payments. Unless applicabte law provides otherwix, all payments rece~ved by l.ender undrr paragraphs 1 and 2 shall be appiied: first, to late charga due under the Note; second, to prepay~ment chargc~ due under the tiote; third, to amounts payable under paragraph 2; fourth, ta interest due; and latt, to principal due. 4. Ch~?rges; I.ieas. Borrower shall pay all taxes, asses_sments, charges, fines and imposition~ attnbutable to thr Yroperty~ which may attain priority~ over this Security Instrument, and leasehold pay~ments or ground rent~, if an~. &~rrower shall pay thrse obligat~ons in the manner provided in paragraph 2, or ~f not paid in that manner, &~rrower shall pay them an time directly to the person owed payment. Borrower shait promptiy furnish to Lender :~11 naticrs of amountti to he paid under this paragraph. if &~rrower makes these payments directly, Borrower shall promptly furnish to l.ender rcYeipss evidencing the payments_ &~rrow~er shall promptly discharge any fien which has prionty over this Se~:unty Instrument unless f3orrower. (a) ~grers ~n w riung tc~ the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in g~~d fauh the lien by, or defends against enforcement of the lien in, legal proceedings which ~n the Lender's opinion operate to pre~~ent the enforcement uf the hen or forfeiture ~f any~ part of the Pro~xny; or (c) secures from the holder of the lien an ~greement satis(actory to Lender subordinating the lien to this Secunty lnstrument. If Lender detcrmines that any part of the Property is subject to a lien which may attain pnority over this Security Instrument. Lender may give Borrow~er a notire identii~~ing the litn. Borrower shall satisfy the lien or take one or more uf the actions set forth above w~~thin !0 day~ti of the giving of notice. S. Hazard Insurance. &frrow~er ihall keep the ~mprovements now~ eaisting or hereafter erected on the Property in~ured agamst loss by fire, haiards included within the term "eatended co~erage" and any~ other hazards for which Lender reyuireti insurance. This insurance shall be maintained in the amounts and tor thr Fxriods that Lender reqwres. The ~nsurance carrier pro~~iding the msurance shall be chosen by Borrower subject to Lender's appro~al wh~ch shall not be unreasonably withheld. All insurance poli~ia and renewals shall tx acceptable to [.ender and shall include a standard mortgage clauye. Cender shall have the nght to hold the ~licies and rrnew~als. [f Lender requires. Borrow•er shall promptly~ givt to Lender all receipts of paid prem~ums and renewal nouces. in the event of lass. Borrower shall gi~e prompt netice to the insurance ~ camer and Lender. Lender may make proof of iass i~not made promptly by Borrower. ~ ~ l'nless [.ender and Borrower otherrvise agree in wnung, insurance proceeds shall be applied to restoration or repair I <~F the Propcrty damaged, ~f the restoration or repair is economically feasible and L.ender's se~:urity is not lessen~d. if the rc,torat~on or repa~r is not economically feasible or Lender's security wouid be lessened, the insurance prckeeds shal) be i applied to the sums secured by this Security Instrument, whether or not then due, w~ith any excess paid to Borrow~er. If Borrower abandons the Property, or dcxs not answer w~thin 30 days a notice from l.ender that the insurance carrier has ` offereci to settle a claim, then Lender may collect the insurance procecds. l.ender ma~~ use the procreds to repair or ratore ~ the Property or to pay sums secured by this Secunty Instrument, whether or not thcn due. The 30-day period w~ill begin w hen the notice is giren. t [Inless Lender and Borrowrr otherw~u agree in wnting, any appliration of pr~eed~ to principal shall not extend or ~ ~cxt~ne the due date of the monthly~ payments referred to in paragraphs I and 2 or change the amount of the pa~~ment~. If unJrr paragraph 19 the Property is acqu~red by Lendtr, Borrower's nght to any insurance policic~s and proceeds re~ulting ~ fmm damagc to thr Propcrty prior ro the acqu~s~tion shall pa.s.s to Lender to the extent of the.ums secured b~- this Sccunt}~ Instrument ?mmed~ately pnor to the acquisiuon. F 6. Preserration and ~iainteaance of Property; Lease6olds. Barrow-er shall not drstroy, damage or substantiall}~ p changr the Property, allow• the Property to deteriorate or commrt waste. If this Security Instrument ~s on a Eeasehuld, &~rre~w~er ~hafl cumpl} with the prorisions of the lease, and if Borrower acquira fet title to the Pro~rty~, the leasehold and fee utie ~fiall nc~t mtrge unlecs Lender agrxs to the merger in wnttng. . 1. Protertion of Ixnder's Riqhts in the Property; ~tortgage Insura~ce. lf Borrower fails to perform the • cu~enantti and agrcement5 conta~ned in th~s Secunty Instrument, or there ~s a Iegal proceed~ng that ma~ sign~ficantl~ aRect ' Lrnder's nghts in the Property (such as a proceeding in bankruptcy, probate, for condemnahun or to enforce laws or regulations), thcn Lender may do and pa}• for whatr~er is necessary~ to protect the value of the Property~ and Lendcr's nghts in the Propert}. l.endtr's actions may ~nclude pay~ng any sums secured by a lien w~hich has pnority o~~er this Secunty~ Instrumcnt, appcanng ~n court, pa}ing reasonabie attorncys' fec~s and entenng an thc Propcrty to make repairs. Although , Lender ma~• take actton under th~s paragraph 7, l.ender docs not hatie to do so. Anp amount~ disbursecf by~ Lender under this paragraph 7 shaU beromr addiuona{ debt ~f Borrou~er secured by th~s ~ Secunty Instrument. lJnless Borrower and l.ender agrre to other terms of payment. these amounts shall bear interest from ~ the datt of d~sb~rxment at the 'vote rate and shall be payable, with interest, upon nohce from Lender to E3c?rmwer rcyucshng pa}ment. ~o~K 59~ ?.~~E 943 ~ ' - - x~~ - ~ - ~ ~ ~ ~ ~ ~ ~ ~