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201�0�439 <br />mortgage �n�*�� premium to be paid by Lender to the Secretary, or (u) a monthly charge instead of a <br />mortgage insurance premium if this 5ecurity Instrument is held by the Secretary, in a reasonable amount to <br />be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called <br />"Escrow Items" and the sums paid to Lender are called "Fscrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed <br />the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement <br />Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementin� regulations, 24 CFR Part 3500, <br />as they may be amended from time to time ("RESPA"), except that the cushion or reserve germitted by <br />RESPA for unanticipa.ted disbursements or disbursements before the Borrower's payments aze available in <br />the account may not be based on amounts due for the mortgage insurdnce premium, <br />If the amounts held by Lender for Escmw Items exceed the amounts permitted to be held by RESPA, Lender <br />shall account to Borrower for the excess funds as reqtured by RESPA, If the amounts of funds held by <br />Lender at any time are not sufF'icient to pay the Escrow Items when due, Lender ma.y notify the Borrower <br />and require Borrower to make up the shortage as permitted by RFSPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the <br />balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment <br />that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess <br />funds to Borrower. Immediatelyprior to a foreclosure sale of the Pmperty or its acquisition by Lender, <br />Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Peyments. All payments under paragraphs 1 and 2 sha1l be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by <br />the Secretary ins�tead of the monthly mortgage insu�rance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other <br />hazaTd incnrans�> premiums, as I'equlied; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, <br />whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, <br />including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and <br />for the periods that Lender requires. Borrower shall also insure all improvements on the Properiy, whether <br />now in elcistence or subsequently erected, against loss by floods to fhe extent required by the 5ecretary. All <br />insurance shall be carried with companies approved by L,ender. The insurance golicies and any renewals shall <br />be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Boaower shall give Lender unmediate notice by mail. Lender may make proof of loss if <br />not made prompfly by Borrower. Each �nc�ran� ��p�y ��� LS hereby authorized aud directed to <br />make payment for such loss d.irectly to Lender, instead of to Borrower and to Lender jointly. .All or any part <br />of the in�„�nce proceeds may be applied by Lender, at its option, either (a) to the reduction of the <br />indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the <br />order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged <br />Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the <br />FIiA Deed o} Truet-NE 4/86 <br />VMP � VMP4R(NE) (1106�.00 <br />Woltars Kluwer Flrmrtcial Services Page 3 of 10 <br />