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Lender may, at any time, collect and hold Funds in an amount not to exceed 1 e maximuOm amount a lender for a federally related mortgage <br />loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to <br />time, 12 U.S.C. 2601 at seq. ( "RESPA "), unless another law that applies to the Funds sets a lesser amount. 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 funds due on the basis of <br />current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If <br />Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not <br />charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender <br />pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to <br />pay a one -time charge for an independent real estate tax reporting service used by Lender in connection with this ban, unless applicable law <br />provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay <br />Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. <br />Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose <br />for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. <br />If the Funds held by Lender exceed the amounts permitted to be held by applicable 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 sufficient <br />to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount <br />necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lenders sole <br />discretion. <br />Upon payment in 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 acquisition or sale of the Property, shall apply <br />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. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and <br />2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third to interest <br />due; fourth, to principal due; and last, to any late charges due under the Note. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may <br />attain priority over this Security Instrument, and leasehold payments or ground rents, ff any. Borrower shall pay these obligations in the <br />manner provided in paragraph 2, or N not paid in that manner, Borrower shall pay them on time directly to the person owed payment. <br />Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments <br />directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the <br />payment of the obligation secured by the lien In a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against <br />enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from <br />the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any <br />part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying <br />the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. <br />5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for <br />which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance <br />carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If <br />Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lenders rights in the <br />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 the <br />right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal <br />notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss 9 not <br />made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br />damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not <br />economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 <br />days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender <br />may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The <br />30-day period will begin when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due <br />date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property <br />is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition <br />shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. <br />6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution <br />of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of <br />occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances <br />exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or <br />commit waste on the Property. Borrower shall be in default ff any forfeiture action or proceeding, whether civil or crhninal, is begun that in <br />Lenders good faith judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security <br />Instrument or Lenders security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action <br />or proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrowers interest in the <br />Property or other material impairment of the lien created by this Security Instrument or Lenders security Interest. Borrower shall also be in <br />default N Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to <br />provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations <br />concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge <br />unless Lender agrees to the merger in writing. <br />F4009.1.100 (11/99) <br />1234 <br />Page 2 of 5 <br />Form 3028 9/90 <br />