Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the meximum
<br /> amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C.
<br /> � � 2601 et sea• and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except
<br /> that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrowers
<br /> payments are available in the account may not be based on amounts due fo�the mortgage insurance prem�m.
<br /> If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account
<br /> to Borcower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to
<br /> pay the Escrow Items when due, Lender may notify the Borrower and requke Borrower to make up the shortage as permitted by
<br /> RESPA.
<br /> The Escrow Funds are pledged as additional security for all sums secured by this Securiry Instrument. If Borrower tenders
<br /> to Lender the full payment of all such sums, Borrower's account shaA be credited with the balance remaining for all instalknent �
<br /> items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the �
<br /> Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property (
<br /> or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for kems (a), (b),
<br /> and (c). �
<br /> ^
<br /> 3. Application of Payments. All payments under Paragraphs t and 2 shall be applied by Lender as follows: W
<br /> Fil'St, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthy charge by the Secretary �
<br /> instead of the monthly mortgage insurance premium; �
<br /> Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard �
<br /> insurance premiums, as required;
<br /> Third, to interest due under the Note;
<br /> Fourth, to amortization of the principal of the Note; and
<br /> Fifth, to Iate charges due under the Note.
<br /> 4. Fire, FIOOd and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
<br /> now in existence or subsequently erected, aga�st any hazards, casuafties, and contingencies, �cluding f're, for wh�h Lender
<br /> requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall
<br /> also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the
<br /> extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance pol'�cies and
<br /> any renewals shall be held by Lender and shall include bss payable clauses h favor of, and h a form acceptable to, Lender.
<br /> In the event of bss, Borrower shall give Lender anmediate notice by mail. Lender may make proof of bss if not made
<br /> prompty by Borrower. Each insurance company concemed is hereby suthorized and directed to make payment tor such loss
<br /> directy to Lender, instead of to Borrower and to Lender Jointly. All or any part of the insurance proceeds may be applied by
<br /> Lender, at its option, ekher (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any
<br /> delinquent amounts applied in the order in Paragraph 3, and then to prepayment of princ�al, or (b) to the restoration or repair of
<br /> the damaged Property. My application of the proceeds to the prrc�cipal shall not extend or postpone the due date of the
<br /> monthy payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance
<br /> proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid
<br /> to the entity legaly entitled thereto.
<br /> In the event of foreclosure of this Security Instrument or other transfer of title to the Property that wctinguishes the
<br /> indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
<br /> 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
<br /> ApPIICeti011; Leaseholds. Borrower shall occupy, establish, and use the Property as BoROwer's principal residence wkhin
<br /> sbcty days after the execution of this Security Instrument (or within sucty days of a later sale or transfer of the Property) and shall
<br /> continue to occupy the Property as Borrower's pr�cipal residence for at least one year after the date ot occupancy, unless
<br /> Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are
<br /> beyond Borrowers control. Borrower shall notity Lender of any extenuat�ng c�cumstancss. Borrower shall not commit waste or
<br /> destroy, damage or substantialy change the Property or allow the Property to deteriorate, reasonable wear and tear excepted.
<br /> Lender may inspect the Property ff the Property is vacant or abandoned or the loan is in defauk. Lender may take reasonable
<br /> action to protect and preserve such vacant or abandoned Property. Borrower shall also be in defauR 'rf Borrower, during the loan
<br /> application process, gave materialy false or inaccurate information or statements to Lender (or failed to provlde Lender with any
<br /> material information) in connection with the ban evidenced by the Note, including, but not limited to, representations conceming
<br /> Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall
<br /> compy wkh the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee tkle shall not be
<br /> merged unless Lender agrees to the merger in wrking.
<br /> 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br /> condemnation or other takk►g of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and
<br /> shall be paid to lender to the extent of the full amount of the �debtedness that remains unpaid under the Note and this
<br /> Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security
<br /> Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal.
<br /> Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are
<br /> referred to in Paragraph 2, or change the amount of such payments. My excess proceeds over an amount required to pay all
<br /> outstanding indebtedness und� the Note and this Security Instrument shall be paid to the entfty legally entitled thereto.
<br /> 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay au
<br /> govemmental or municipal charges, f�es and impositions that are not hcluded in Paragraph 2. Borrower shall pay these
<br /> obligations on time directy to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in
<br /> the Property, upon Lenders request Borrower shall promptly (umish to Lender receipts evidencing these payments.
<br /> If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants
<br /> and agreements contained in this Securiry Instrument, or there is a legal proceeding that may signfficantly affect Lender's rights in
<br /> the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and
<br /> pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes,
<br /> hazard insurance and other items mentioned in Paragraph 2.
<br /> F5813.LMQ(1/98) Pags 2 of 5
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