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201204325 <br />: any sums payable by Borrower to Lender, in accordaace with the provisions of the paragraph tifled Mortgage <br />Insurance, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." <br />�. Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amouat a lender for a <br />federally related mortgage loan may require for Bonower's escrow accouat under the federal Real Estate <br />� Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), <br />unless another Applicable I,aw that applies to the Funds sets a lesser amoun� If so, Lender may, at any time, <br />collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Fuads <br />due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in <br />accorda.nce with Applicable I,aw. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the <br />Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or verif}ring the Escrow Items, unless Lender pays Borrower interest on the Fuads <br />and Applicable Law permits Lender to make such a charge. However, Lender may require Bonower to pay a one- <br />time chazge for an independent real estate tax reporting service used by Lender in connection with this loan, unless <br />Applicable Law provides otherwise. Unless an agreement is made or Applicable Law requires interest to be paid, <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may <br />agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Bonower, without charge, <br />an annual accounting of the Funds, showing credits and debits to the Funds az1d the purpose for which each debit to <br />the Funds was made. The Funds are pledged as additional security for ali sums secured by this Securit}r Tnstrument. <br />If the Funds held by Lender exceed the amounts permitted to be held by Ap�licable Law, Lender shall account to <br />Borrower for the excess Funds in accordance with the requirements of Appli�able Law. If the amount of the Fuads <br />held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in <br />writing, and, in such case Borrower shall pay to Lender the amount necessary� to make up the deficiency. Bortower <br />shall make up the deficiency in no more than twelve monthly payments, at Le#�der's sole discretion. <br />Upon payment in full of all sums secured by this Sectuity Instcvment, Lend�r shall promptly refund to Bonower <br />any Funds held by Lender. If, under the section titled Acceleratlon; Remet'�tes, Lender shall acquire or sell the <br />Property, Lender, prior to the acquisition or sale of the Property, shall apply �ny Funds held by Lender at the time <br />of acquisition or sale as a credit against the sums secured by the Security Instrument <br />Application of Payments. Unless Applicable Law provides otherwise, all payments received by Lender shall be <br />applied: first, to any prepayment charges due under the Note; second, to amaunts payable under the section titled <br />Funds for Tazes and Insurance; third, to interest due; fourth, to principal due; and last, to any late charges due <br />under the Note. , <br />Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines � and impositions attributable to the <br />Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. <br />Bonower shall pay these obligations in the manner provided in section titled Funds for Tazes and Insurance, or <br />if not paid in that manner, Borrower shall pay them on time directly to the per§on owed paymen� At the request of <br />Lender, Bonower shall promptly fiunish to Lender receipts evidencing the payments. <br />Bonower shall promptly discharge any lien which has priority over this 5ecurity Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) <br />contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the <br />Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instruinent. If Lender determines that any <br />part of the Property is subject to a lien which may attain priority over this Se,curity Instrument, Lender may give <br />Borrower a notice identifying the lien. Bonower shall satisfy the lien or talce one or more of the actions set forth <br />above within 10 days of the giving of notice. <br />Hazard or Property Insurance. Bonower shall keep the 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, <br />including floods or flooding, for which Lender requires insurance. Tlus inc�rance shall be maintained in the <br />amounts and for the periods that Lender requires. The insurance carrier providipig the insurance shall be chosen by <br />Borrower subject to Lender's approval which shall not be unreasonably withheld. If Bonower fails to maintain <br />coverage descnbed above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the <br />Property in accordance with section titled Protection of Lender's Rights in the Property. <br />All insurance policies and renewals shall be acceptable to Lender and shall uiclude a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to <br />Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice <br />to the insurance carrier and Lender. Lender may make proof of loss if not made �romptly by Borrower. <br />Unless Lender and Bonower otherwise agree in writing, insurance proceeds � shall be applied to restoration or <br />repair of the Properiy damaged, if the restoration or repair is economically fe�sible and Lender's security is not <br />lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the <br />insurance proceeds shall be applied to the sums secured by this Security Instru�ent, whether or not then due, with <br />any excess paid to Bonower. If Borrower abandons the Property, or does not �nswer within the number of days <br />prescribed by Applicable Law as set forth in a notice from Lender to Borro�ver that the insurance carrier has <br />offered to settle a claim, then I.ender may collect the insurance proceeds. Lende�' may use the proceeds to repair or <br />B 2004-2011 Comp�ience Systems, Inc. 9BAD-80F1 - 201 IL2.0.485 <br />Consumer Real Eatate - Security Iavtrument DL2036 Page 2 of 6 ' www.compliancesyatems.com <br />_ i <br />