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N0120923� <br />mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a <br />mortgage insurance premium if this Security Instrument is held by the S�retary, in a reasonable amount to <br />be determined by the S�retary. Except for the monthly charge by the Se,cretary, these items are called <br />"Escrow Items" and the sums paid to Lender aze called "Escrow Funds." <br />Lender may, at any time, coll�t and hold amounts for Fscrow 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 implementing regulations, 24 CFR Part 3500, <br />as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by <br />RESPA for unanticipated disbursements or disbursements before the Borrower's payments aze available in <br />the account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Eserow Items excced the amounts permitted to be held by RESPA, Lender <br />shall account to Bonower for the excess funds as required by RESPA. If the amounts of funds held by <br />Lender at any time aze not su�cient to pay the Fscrow Items when due, Lender may notify the Borrower <br />and require Bonower to make up the shortage as permitted by RESPA. <br />The Escrow Funds aze pledge� as addirional security for all sums se,cured by this Se�urity Instrument. If <br />Bonower tenders to Lender the full payment of all such sums, Bonower's account shall be credited with the <br />balance rem�ng 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 S�retary, and Lender shall promptly refund any exc�ess <br />funds to Bonower. Immediately prior to a foreclosure sale of the Property or its acquisirion by Lender, <br />Bonower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under pazagraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the S�retary or to the monthly charge by <br />the S�retary instead of the monthly mortgage inc„ra„ce premium; <br />Se�ond, to any taxes, sp�ial assessments, leasehold payments or ground rents, and fire, flood and other <br />hazard insurance premiums, as required; <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 Properly, <br />whether now in existence or subsequently er�ted, against any hazards, casualties, and contingencies, <br />including fire, for which Lender requires inc,�rance, This insurance shall be maintained in the amounts and <br />for the periods that Lender requires. Bonower shall also insure all improvements on the Property, whether <br />now in existence or subsequently er�ted, against loss by floods to the extent required by the Seeretary. All <br />insurance shall be carriefl with companies approved by Lender. The insurance policies 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, Bonower shall give Lender irnmediate notice by mail. Lender may make proof of loss if <br />not made promptly by Borrower. Each insurance company concemed is hereby authorized and directe� to <br />make payment for such loss directly to Lender, instead of to Bonower and to Lender jointly. All or any part <br />of the insurance proceeds may be applied by Lender, at its oprion, either (a) to the re�iuction of the <br />indebte�ness under the Note and this Se�urity 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 proc,eeds to the principal shall not extend or postpone the due date of the <br />FHA Deed of Trust-NE 4/96 <br />VMP � VMP4R(NE) (1109) <br />Wolters Kluwer Financial Services Page 3 of 10 <br />