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, <br /> Borcower'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 tune, collect and <br /> hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of funds due on the basis of current data <br /> and reasonable estimates of expenditures of future Escrow Items or othe►wise in accordance with appl"�cable law. <br /> The Funds shall be heid in an institutbn whose deposks are insured by a federal agency, instrumentality, or �tity (inck�ding <br /> Lender, if 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 BoROwer for holding and appying the Funds, annually anayzhg the escrow account, or verHying the Escrow� <br /> Items, unless Lender pays Borrower interest on the Funds and applicable law pertnits Lend�to make such a charge. However, Lender� <br /> may require Borrower to pay a one-tirne charge for an independent real estate tax reporting service used by Lender in connection with <br /> this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requkes 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 writing, however, that Q <br /> interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing� <br /> credits and debRs to the Funds and the purpose for which each debft to the Funds was made. The Funds are pledged as additional v <br /> security for all sums secured by this Security Instrument. �� <br /> If the Funds held by Le�der exceed the amounts permitted to be held by appiicable 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 notify Borrower in writing, and, in such case BoROwer shall pay to Lender <br /> the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than tweNe monthly payments, at <br /> Lenders sole discretion. <br /> Upon payment m full of all sums secured by this Security 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 acquiskion or sale of the Property, shall <br /> apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. <br /> 3. Appiication of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs <br /> 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third <br /> to interest due; fourth, to principal due; and last, to any Iate charges due under the Note. <br /> 4. Charges; Liens. Bonower shall pay all texes, assessments, charges, f'nes and impositions attributable to the Property <br /> which may attain priorky over this Security instrument, and leasehold peyments or ground rents, N any. Borrower shall pay these <br /> obligations in the manner provided in paragraph 2, o� if not paid in that manner, Borrower shall pay them on time directy to the person <br /> owed payment. Borrower shall prompty tumish to Lender all notbes of amounts to be paid under this paragraph. If Borrower makes <br /> these payments dir�ecty, Borrower shall promptly fumish to Lender receipts evidencing the payments. <br /> Borrower shall prompty discharge any lien which has priority over this Security Instrument unless Borcower: (a) agrees h writing to <br /> the payment of the obligatbn secured by the lien h a manner acceptable to Lender; (b) contests in good faith the lien by, or defends <br /> against enforcement of the Ifen in, legal proceedings whfch in the L�de�s ophion operate to prevent the enforcement of the lien; or(c) <br /> secures from the holder of the lien an agreement satisfactory to Lender subordinating the Ifen to this Security lnstrument. If Lender <br /> determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, 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 above within 10 days <br /> of the giving of notice. <br /> 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the <br /> Property insured against loss by fire, hazards included within the tertn "extended coverage" and any other hazards, including floods or <br /> flooding, for which Lender requires insurance. This insurance shali be maintained in the amounts and for the periods that Lender <br /> requrces. The insurance carrier provid�g the insurance shall be chosen by BoROwer subject to Lender's approval which shall not be <br /> unreasonaby withheld. If Borrower fails to maintain coverage descr�ed 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 insurance 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 insurance carrier and Lender. Lender may make <br /> proof of loss 'rf not made promptly by Borrower. <br /> Unless Lender and Bonower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br /> damaged, iF the restoration o� repa� is economicaly feasible and Lenders security is not lessened. It the restoration or repair is not <br /> economicaly feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this <br /> Security Instrument, whether or not then due, wRh any excess paid to Borrower. If Borrower abandons the Property, or does not <br /> answer within 30 days a notice trom Lender that the insurance carrier 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, wheth� or not then due. The 30-day period will begin when the notice is given. <br /> Uniess Lender and Borrower otherwise agree in wrking, any application of proceeds to principal shali 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, Borrowers right to any insurance policies and proceeds resuRing from damage to the Property prior <br /> to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediatey prior to the <br /> acquisftion. <br /> 6. Occupancy, Preservation, Malntenance and Protection of the Property; Borrower's Loan <br /> Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sucty <br /> days after the execution of this Security Instrument and shall cont�ue to occupy the Property as Borrower's principal residence for at <br /> least one year after the date of occupancy, unless Lender otherwise agrees in writhg, which consent shall not be unreasonaby <br /> withheld, or unless extenuating ci�cumstances exist which are beyond Borrower's conVol. Borrower shall not destroy, damage or impair <br /> the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in defauk 'rf any forfeiture action or <br /> proceeding, whether cNil or crimnal, is begun that h Lenders good faith judgment could resuk in forfekure of the Property or otherwise <br /> mater'�aly impair the I'�en created by this Security Instn�ment or Lender's security interest. Borrower may cure such a default and <br /> reinstate, as provided in paragraph 18, by caus�g the action or proceeding to be dismissed with a ruling that, in Lenders good fakh <br /> determination, precludes forfeiture of the Bonower's �terest in the Property or other material impairrnent of the lien created by this <br /> Securky Instrument or Lender's security interest. Borrower shall also be in defauR if Borrower, duru�g the loan application process, <br /> gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in <br /> connection with the loan evidenced by the Note, hcluding, but not limited to, representations conceming Borrowers occupancy of the <br /> Property as a princfpal residence. If this Security Instrument is on a leasehold, BoROwer shall compy wkh all the provfsions of the <br /> lease. If Borrower acqu�es fee title to the Property, the leasehold and the fee title shall not merge unless the Lender agrees to the <br /> merger in wrfting. <br /> Form 3028 9/BO <br /> F1029.LM�(10/97) Paps 2 of 5 <br /> 575 <br />