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HomeMy WebLinkAbout0961 t.rnder may not charge for hold~ng and apply~ng the hunds, anal~z~ng the accoun: cx venfy~ng the ekrow ~tems, unle~~ l.ender pays E3orrower interest on ihe Funds and applicable law permits Lender te~ make such a rharge. Borrow~rr and Lender may agrre in w~nting ~hat interest shal) be pa~d on the Funds. Unless an agrecment is made or applicabie law~ reyuirc~s ~nterc~t t~~ he paid. Lender shail nqt be reyuired to pay Borroaer any intrrest or earnings on thr Funds. Lrndrr tihali give ta &irrower, without charge, an annual accounting of the Funds shuwing credits and debits to the Funds and the purpuse for which earh debit to the Funds was made. The Fund~ are pleclged as additional sccurity for the sums ~ecured by this Security Instrument. If the amount of the Funds hrld by Lender, together with the future monthly payments of Funds payable prror to ihe due datc~ of the escrow itrmt, shall exceed the amount reyuirexl to pay the esc-row items when due, the excetis shal! be, at &~rrower's option, either prom~tly repaid to Borrower or credited to Barrower on monthly payments of Funds. If the ~ amoun! of'the Funds held by l,ender is nut sufl5cient ta pay the escrow items when due, Borrow•er shall pay to Lender any 3m~~unt neces.wry to make up thc defir~ency in one er more payments as required by Lender. U~n payment in fuli of all sums secured by this Security lnstru:nent, Lender shal) promptly refund to Borrow•er an~ Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall appiy, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of I~ application as a credit against the sums secured by this Security Instrument. 3. Application ot Payments. Unless applicable law provides othenvise, a11 payments received by Lender under paragraphs 1 and 2 shall he applied: first, to tate charges due under the Note; second, to prepayment charges due under the tiute; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. ' 4. Charges; l.iens. Borrower shal) pay all taxa, assessments, charges, fines and impositions attributable to the Property which may attain pnority over this Secunty Instrument, and leasehold Payments or ground rents, if any. t3ormwer shall pay these obligationc in the manner provided in paragraph 2, or if not paid in that manner, Borrow~er shall pay~ them on time directly to the perx~n owed payment. Borrower shall promptfy furnish to Lender all notices of amounts to he paid under th~s paragraph. lf Borrow~er makes these paymtnts directly, Borrower shall promptly furnish to Lender rrcripts evidencing the paymrnts. 6orrow~rr shall promptly ~ischarge any lien which has priority over this Secunty lnstrument unless Borrower. (a) agrees in w•nt~ng to ihe payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the I~en by, or defends against enforcement of the lien in, legal proceedings w~hich in the Lender's opinion operate to pre~ent t~~e enforcement of the lien or forfeiture of any pan of the Property; or (c) secures from the holder of the lien an 3grremcnt satisfartory• to Lender subordinating the lien to th~s Security lnstrument. It Lender determines that any part ot thr Proprrty ~s subject to a lien which may attain prionty over this Secunty lnstrument, Lender may~ give Borrow•er a notire idzntifying thr lien. Borrower shall satisfy the iien or take one or more of ihe actions set forth ab~ve within 10 days ~~t the giving ~~tnotice. S. Hstzard lnsurance. E3orrower shall ke~p the improvement~ now eaist~ng or hereafter erected on the Property ~nsured against I~ns by fire, hazards included within the term "eatended coverage" and any~ other hazards for which Lender reyuires in~urance. This ~nsurance shall be maintained in the amounts and for the penods that Lender reyuires. The insurance ~arri~r providing the insurance shall be chosen by Borrower subJert to Lendrr's approval w•hich shaU not be unreasc~nably w~thheld. All insurance pol~cies and renewals shall be acceptable to Lender and shall include a standard mongage clause. Lrndrr shall ha~~e the right to hold the policies aRd renewals. If Lrndcr requires, &irrower shall promptly give to Lender all rrreipts of pa~d premiums and renewal notires. In thc e~ent of loss. Bc~rr~wer shall gi~~e prompt notice to the insuranre ~ carner and Lender. Lender ma}~ make proof of (cxs if not made promptly by Borrow•er. l,'nle~t Lendrr and Hc~rrawer otherwix agrce in w•nting, ~nsurance proceecls shal) be appl~ed to resrorat~on or repa~r ~ ~~f the Propert~~ damaged, if the resrorahon c~r rcpa~r is economically feasible and Lender's sccurity ~s not letsened. !f the ` rcw~orancm ur repair i+ not cronomically~ feasible or Lender's secunt}• would be Ie~xned, the insurance pmceeds shall be ~ ap~~iec1 t~ the wms se~ureci by thiti Serunty Instrument, whether or no1 then due, with any excets paid to Horrower. If ; Bormwer abandons the Pro~xrty, or dcxs not answer w~ithin 30 days a notice Gom l.ender that the insurance camer ha~ e citTrrecl to tirttle a claim, thrn [.ender ma}~ collec:! the inwrance pr~eeds. 1_ender may use thc proceeds to repair or restore € the Pre~perty~ or to pa}• sums u~ured b}• this Security Instrumcnt, w~hether or not ther? due. The 30-day penc~d will Eieg~n ~ K hen the notice is gi~en. E Unlesc I_ender and &~rrower ~~therwix agree in wnting, an} appticat~~m c~f proceeds to pnncipal shall not extend or ~ ~ntExme the c~ur date of the month!}~ payments rrferred to in paragraph~ I and ? or change the amount uf the pe}~ments. I( under paragraph Iq the Prciperty is acquired by Lender, Aorrower'~ right ta an} insurance policic~ and pr~eecis resuiting ~ trrm damage to the Property~ prior to the acyuisition shatl pass to Lendrr tn the extent of thc sumti tiecurrd by~ thiti Serur~t~ 'r Imtrumrnt immediate!}~ pric~r to the acqu~siu~m. ; 6. Preserration and ~laintenance of Pro~serty; I.easeholds. Ek~rrowrr tihall n~~t dettruy, damage or subscanUail} f ~hange the Yroperty, allow the Property~ tc~ detcri~rate or a~mmit wactr. If thi~ Se~unt} instrument ~s un a Irasehold. Fi~,rr«wer tihall cc~m~ly w~th the pr~n~iti:e~m c~Cthe lease, and if &~rrower arywreti fee title t~~ the Prc~pert}•, the {eavehe~ld and frr titlr ~h~ll n~t merge unlrtis Le~der agrc~es tc~ thr merger in w r~ting. . 7. Yrotection uf l.ender's Rigfsts in the Property; ~lortqstge Insurgnce. If Hc~rr~~wer faik to ~rform the cu~en~ntti and agreementti re~ntained in thi~ Sc~unt~ Instrument, ur therr i~ a lrgal prekrrding th~t ma~ ~ignifirantl~ affect Lendrr'ti nghi~ ~n thr Prcipert} Isuch as a~mc:eeding ~n bankruptc~, probatr, f~r rnndemnation n~ to enfi~rce laws ur ~ regulau~ms), thrn Lender ma~ d~ and pay for ahate~rr is nece~san~ ta protect the ~alue of the Property and Lender's ngh~. ~n the F'ru~ert~. l.ender'ti aru~ms may ~nclude pay~ng am sums secured b~ a fien wfiich has pnorit~~ <ner this Secunt} Imtrument, ap~ranng i~i ce,urt, pay~ng reau~nable attorneys' fees and entenng on the Pmpert}~ tc~ make repairs. Although I.cn~lrr n~a~ takc acU~m undrr th~s paragraph 7. Lender dcxs not havc ta dc~ sc. An~~ am~~unt~ d»bur~ b}~ Lender under thtis paragraph 7 shail become add~tional debt ~~f E3orr~wer secured by th~s ~ Stc~nt} Instrument l'nlest Ik~rrower and l.ender agree to other terms of pa~ment, thetie amounts shall bcar ~nt~rc-~t fre~m y the date ~~f d~tihunement at the tic~te rate and shall be payable, uith ~ntcrrc~, upcm n~~tice from Lender t~~ Burr~wer ~ reyur,hng p:~}ment ~ 80G~c L~ f~ ~ s . 1-~c-------wr~.~as - ~~,4- _ ~r=~:-~ ~ ~ ~ ~ _ ~