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Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. <br /> 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and <br /> hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Tunds due on the basis of current data � <br /> and reasonable estimates of expenditures of future Escrow Items or otherwise � accordance wkh applicable law. � <br /> The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including ' <br /> Lender, ff Lender is such an institution) or in any Federal Home Loan Bank. Lender shall appy the Funds to pay the Escrow Items. � <br /> Lender may not charge Borrower for holding and applying the Funds, annualy analyzing the escrow account, or verifying the Escrow <br /> Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender � <br /> may require Bonower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with a <br /> this ban, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender � <br /> shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender may agree in wrking, however, that � <br /> interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annuai accounting of the Funds, showing <br /> credits and debks to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional <br /> security for all sums secured by this Securky Instrument. <br /> If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the <br /> excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not <br /> sufficient to pay the Escrow Items when due, Lender may so notity Borrower in writing, and, in such case Borrower shall pay to Lender <br /> the amount necessary to make up the deficie�cy. Bort'ower shall make up the deficiency in no more than twelve monthly payments, at <br /> Lender's sole discretion. <br /> Upon payment in full of all sums secured by this Securfty Instrument, Lender shall promptly refund to Borrower any Funds held by <br /> Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall <br /> apply any Funds held by Lender at the time of acquiskion or sale 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 paragraphs <br /> 1 and 2 shali be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third <br /> to �terest due; fourth, to princ�el due; and last, to any late charges due under the Note. <br /> 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and �npositions attributable to the Property <br /> which may attain priority over this Security Inshument, and leasehold payments or ground rents, M any. Borrower shall pay these <br /> obligations in the manner provided in paragraph 2, or 'rf not paid in that manner, Borrower shall pay them on time directly to the person <br /> owed payment. Borrower shall prompty fumish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes <br /> these payments directly, BoROwer shall promptly tumish to Lender receipts evidencing the payments. <br /> Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees k� wrking to <br /> the payment of the obligation secured by the lien u� a manner acceptable to Lender; (b) contests in good faith the lien by, or defends <br /> against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) <br /> secures trom the holder of the lien an agreement satlsfactory to Lender subord�ating the lien to this Securiry Instrument. If Lender <br /> detertnines that any part of the Property is subject to a lien which may attain priority over this Securiry Instrument, Lender may give <br /> Borrower a notice ident'rfying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above with� 10 days <br /> of the giving of notice. <br /> 5. Hazard or Property Insurance. Borcower shall keep tha improvements now existing or hereafter erected on the <br /> Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including fbods or <br /> flooding, for which Lender requiras insurance. This insurance shall be mainta�ed � the amounts and for the periods that Lender <br /> requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be <br /> unreasonably withheld. If Borrower fails to maintain coverage descr'�bed above, Lender may, at Lender's option, obtain coverage to <br /> protect Lender's rights in the Property in accordance with paragraph 7. <br /> All �surance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have <br /> the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums <br /> and renewal notices. In the event of loss, Borrower shall give prompt notice to the k�surance carrier and Lender. Lender may make <br /> proof of loss if not made promptly by Borrower. <br /> Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be appl'�ed to restoration or repair of the Property <br /> damaged, 'rf the restoration or repair is economicaly feas�le and Lender's security is not lessened. If the restoration or repair is not <br /> economicaly feas�le or Lenders secur'ity would be lessened, the insurance proceeds shall be applied to the sums secured by this <br /> Security Instrument, whether or not then due, with any excess paid to BoROwer. If Borrower abandons the Property, or �oes not <br /> answer within 30 days a notfce from Lender that the insurance canier has offered to settle a claim, then Lender may collect the <br /> insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security <br /> Instrument, whether or not then due. The 30-day period will begin when the notice is given. <br /> Unless Lender and Borrower otherwise agree in writa�g, any application of proceeds to principal shall not extend or postpone the <br /> due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 <br /> the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resuRing from damage to the Property prior <br /> to the acqulsition shall pass to Lender to the extent of the sums secured by this Security Instrument tmmediately prior to the <br /> acquisition. <br /> 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br /> AppliC8tI011; Leaseholds. Borrower shall occupy, establish, and use the Property as BoROwer's principal residence within socty <br /> days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at <br /> least one year after the date of occupancy, unless Lender otherwise agrees in wrking, which consent shali not be unreasonably <br /> withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impak <br /> the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shali be in default 'rf any forfeiture action or <br /> proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could resuR in forfeiture of the Property or otherwise <br /> materially impair the lien created by this Securiry Instrument or Lender's security interest. Borrower may cure such a defauk and <br /> reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a rul�g that, in Lenders good faith <br /> determination, precludes forfekure of the Borrower's interest in the Property or other material impairment of the I'�en created by this <br /> Security Instrument or Lender's security hterest. Borrower shall also be h defauft 'rf Borrower, during the loan application process, <br /> gave materially false or haccurate information or statements to Lender (or failed to provide Lender with any material information) in <br /> connection wkh the ban evidenced by the Note, inciuding, but not limited to, representations co�ceming Borrower's occupancy of the <br /> Property as a principal residence. If this Securlty Instrument is on a leasehold, Borrower shall compy wkh all the provtsions of the <br /> lease. If Borrower acquires fee title to the Property, the leasehoid and the fee title shall not merge unless the Lender agrses to the <br /> merger in writing. <br /> Form 3028 6/BO <br /> F1029.LMO(10/B7) Pays 2 of 5 <br />