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20120527� <br />The �nds shall be held in an ins�tion whose deposits are insured by a federal agency, instrumentality, <br />or entity (including Lender, if Lender is an institution whose deposits are so msured) or in any Federal Home <br />Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RFSPA. <br />Lender shall not charge Borrower for holding and applying the Funds, annually analyzing tha escrow account, or <br />verifying the Escrow Item,s, unless Lender pays Borrower interest on the Funds and Applicable I,aw permits <br />Lender to make such a charge. Unless an a�reemant is made in writing or Applicable Law requires interest ta be <br />paid on the Funds, Lender shall not be requrred to pay Borrower any interest or eamings on the Funds. Borrower <br />and Lender can agree in writing, however, that interest shall be paid on. the Fuads. Lender sb.all giva to Borrower, <br />without chazge, an annual accounting of the F�ds as requirad by RESPA. <br />If there is a surplus of Ftinds held in escrow, as dafiued under RF.SPA, Lender shall acco�nt to Borrower <br />for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as definedunder <br />RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the �unt <br />necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there <br />is a defic�ency of Funds held in escrow, as defined under RESPA, T.ender shall notify Borrower as required by <br />RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with <br />RESPA, but m no more than 12 monthly gayments. <br />Upon payment m fiill of all sums secured by this Securi�ty Instrumen� Lender shall prompt�y refund to <br />Bonrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attn'butable to the Property which can attain priority over this Security Instrument, leasehold payments or ground <br />rents on tha Properiy, if any, and Community Ass�iadon Dues, Fees, and Assessments, if any. To the extent that <br />these items are Escrow Items, Borrower shall pay them in the manner pravided itu Section 3. <br />Banower shall promptly discharge any lian which has priority over tIus Security Instr�m�nt unless <br />Barrower. (a} a,grees in writing to the payment of the obligation secured by the lien in a manner acceptable to <br />Lender, but only so long as Borrower is performing such agreement; {b) contests the lien in gootl faith by, or <br />defends a�ainst enforcement of the lien in, legal proceedin�s which in Lender's opinian operate to prevent the <br />enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or <br />(c) secures from tha holder of tha lian an agreement satisfactory to Lender subordinating the lien to tius Security <br />Insuument. If Lender determines that any part of the Froperty is subject to a lien wluch can attain priority over <br />this Security Instument, Lender may give Borrower a notice identifymg the lien. Within 10 days of the date on <br />which that notice is given, Borrower shall satisfy the lien or take ome or more ofthe actions set forth above in this <br />Section 4. <br />Lendar ma.y rec�uire Borrower top ya one-time cherge £oz a real estate tax verification aud/ar reporting <br />service used by Lender m connection with this Loaa <br />5. Prope�rtty Insurance. Borrower shall kesp the izapr�ovements now existi�g or herea�ter erected an i�a <br />Property against loss by fre, hazards included within the tarm "extended covaraga," and any other <br />hazazds including, but not limited to, earthquakes and floods, for which Lender requires uisurance. 'IYtis <br />insurance shall be maintained in the amounts (including dednctible levels) and for the periods that Lender <br />requues. What Lender requires �ursuant to the preceding sentences can change dia�mg the teffi ofthe Laaa. '[he <br />�n���nce carrier providing the insurance shall be chossn by Borrower subject to Lender's right to disapprove <br />Boirower's choice, which right shall not be exercised unr�sonably. Lender may require Borrower ta pay, in <br />connection with this I,flan, either. (a) a one-time charge for flood zone determination, cerlification and track�ng <br />servzces; or {b) a one-time charge far flood zone determination and certificazion services and subsequent charges <br />each time remappings or sim�ar changes occur which reasonably might affe,ct such determination or certification, <br />Barrower shall also ba responsible for the payment of any fees imposed by the Fedeial Emergency Management <br />Agency in connection with the review of any flood wne determinanon resulting fram an objection by Borrower. <br />If Borrower fails to maintain amy of the coverages descn"bed above, Lender may obtain insurance <br />coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular <br />type or amount of covera�e. Therafore, such coverage shall cover Lender, but might or might not protect <br />Borrowar, Borrower's equity in the Property, or the conten�s of the Property, age�insst any nsk, hazard or liability <br />and might provide greater or lesser cov e than was previously iuu effect. Borrower acknowledges that the cost <br />of the insurance coverage so obtained �t significanfly exceed the cost of in�»nce that Boirower could have <br />obtained. Any amounts disbursed by Lender under this Saction 5 shall. bec�me additional dabt of Borrower <br />secured by this Security Jnstrument. These amounb shall bear iaterest at tha Note rate &om the date of <br />disbwrsement and shall be �ayable, with such interest, upon notice from Lender to Borrawer requesting gayment <br />All +n�+�**�++++ce pohcies required by Leada and renewals of such policies shalI be subject to Lender's right <br />to disapprove such policies, shaIl include a standard mortgage clause, and shall name Lender as mortgagee andior <br />as an additional loss payee. Lender shall have tha right to hold the policies and renewal certificatas. If Lendar <br />requixes, Borrower shall promptiy �ve to Lender all receipts ofpaidpremiums andrenewalnotices. IfBorrawer <br />obtaujs any form of insurance coverage, not otherwise rea�ured by Lender, for damage to, or destruction of, the <br />Pro�erty, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an <br />additional loss payee. <br />In the event of lass, Barrower shall giva pramnt notice to tha insurance cazrier and Lendar. Lender may <br />make proof of loss if nat mada promptly by Borrower. Unless Lender and Borrower othervvise agree in writing, <br />any insutance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to <br />restozation or repa�r of the Property, if the restoration or repair is economically feasible and Lender's securrty is <br />not lesseaed. During such repair and restoration period, Lender sha11 have the right to hotd such insurance <br />proceeds �mtil Lender has had an opportimity ta inspect such Properly to ensurethe work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken pro�tly. Lender may disbtuse proceeds <br />for the repairs and restoration m a single payment or m a series of progress payments as the work is completed. <br />Unless an agreement is made in writing or Applicable Law requires interest to ba paid on such �nc�*ance <br />proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public <br />ad,�usters, or other third parties, retained by Borrower shall not be paid out of tha insurance proceeds and shall be <br />tY►e sale obligation of Bortower. ff the restoration or repair �s not economically feasible or Lender's security <br />would be lessened, the insurance proce�eds shall be applied ta the s�.s secured by this Security Inslrnment, <br />whether or not then due, with the axcess, if any, paid to Boaower. Such insuraace procaeds shall be applied in <br />the order providad for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim <br />and related matters. If Borrower dces not respond withi.n 30 days to a notica from Lender that the insivance <br />carrier has offered to settle a claim then I.ender may negotiate and settle the cla�. The 3Q-day period will begm <br />1V�BRA,SKA,—Single Family—Fannie Mae/Fre+idie Mac i)NIFURM INSTRUMEAPI' (MERS� Form 30281/Ol (page 4 of 9pages) <br />12439.CV (9/I l) 4300102695 Creadve T6lnking, Inc. <br />OOTO(003bed28) <br />