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Borrower's escrow account under the federal Heal Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. <br />2601 et seq. ( "RESPA "), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any tune, collect and <br />hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of funds due on the basis of current data <br />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 <br />Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. <br />Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow <br />O <br />Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender <br />0 <br />may require Borrower to pay a one -time charge for an independent real estate tax reporting service used by Lender in connection with <br />this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender <br />shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that <br />interest shall be paid on the Funds. 'Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing <br />w' <br />credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional <br />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 <br />sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender <br />the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at <br />Lender's sole 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 <br />apply 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 <br />1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third <br />to interest 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 i nposkions attributable to the Property <br />which may attain priority over this Security Instrument, and leasehold payments or ground rents, If any. Borrower shall pay these <br />obligations In the manner provided in paragraph 2, or N not paid in that manner, Borrower shall pay them on time directly to the person <br />owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes <br />these payments directly, Borrower shall promptly fumish 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 <br />the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends <br />against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) <br />secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br />determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />5. Hazard or Property Insurance. Borrower 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, Including floods or <br />flooding, for which Lender requires Insurance. This Insurance shall be maintained In the amounts and for the periods that Lender <br />requires. The Insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withheld. if Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to <br />protect Lender's rights In the 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 <br />the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums <br />and renewal notices. In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make <br />proof of loss I not 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 Lender's 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 <br />Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not <br />answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may collect the <br />Insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security <br />Instrument, whether or not then due. The 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 <br />due date of the monthly payments referred to In paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 <br />the Property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior <br />to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the <br />acquisition. <br />6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br />Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty <br />days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at <br />least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably <br />withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair <br />the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default if any forfeiture action or <br />proceeding, whether civil or criminal, is begun that In Lenders good faith judgment could result In forfeiture of the Property or otherwise <br />materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and <br />reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In Lenders good faith <br />determination, precludes forfeiture of the Borrowers Interest In the Property or other material impairment of the lien created by this <br />Security Instrument or Lenders security Interest. Borrower shall also be In default If Borrower, during the loan application process, <br />gave materially false or Inaccurate Information or statements to Lender (or failed to provide Lender with any material Information) In <br />connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the <br />Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless the Lender agrees to the <br />merger In writing. <br />Form 3028 9/90 <br />F10291M0 (10/99) Page 2 of 5 <br />