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200102226 <br />LN ID #21014356 <br />Borrower and lender covenant and agree as follows: <br />UNIFORM C )VENANTS. <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and <br />interest on, the debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly <br />payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) <br />taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents <br />on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender <br />must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary "), or <br />in any year in which such premium would have been required if Lender still held the Security Instrument, each <br />monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by <br />Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security <br />Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the <br />monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called <br />"Escrow Funds." <br />Lender may, ,it 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 implementing regulations, 24 CFR Part 3500, as <br />they may be amended from time to time ( "RESPA "), except that the cushion or reserve permitted by RESPA <br />for unanticipated disbursements or disbursements before the Borrower's payments are available in the account <br />may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, <br />Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by <br />Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and <br />require Borrower to make up the shortage as permitted by RESPA. <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 nt t become obligated to pay to the Secretar }, and Lender shall promptly refund :tnv excess <br />funds to Borrower. Immediately prior to a foreclosure sale of the Property 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 Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as <br />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 instead of the monthly mortgage insurance premium; <br />Second, to any taxes, special 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 />Fourt h, 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, inclu&ig <br />fire, for which Lc..;der requires insurance. This insurance shall N maintained in the amounts and For the <br />periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in <br />existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance <br />shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by <br />Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss <br />if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to <br />make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of <br />the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness <br />under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, <br />and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any <br />application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments <br />which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds <br />over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be <br />paid to the entity 121gally entitled thereto. <br />In the event w' foreclosure of this Security Instrument or other transfer of title to the Property that <br />extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall <br />pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br />Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or <br />transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least <br />one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for <br />Borrower or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall <br />notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or <br />substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. <br />Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may <br />take reasonable ac ion to protect and preserve such vacant or abandoned Property. Borrower shall also be in <br />default if Borrowc during the loan application process, have niat-riall\ false or ina.:ciiraie information or <br />statements to Lenc_:r (or failed to provide Lender with any material information) in connection with the loan <br />evidenced by the : ote, including, but not limited to, representations concerning Borrower's occupancy of the <br />Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the <br />Initials: Aw ,�, i V ik <br />................ <br />NEFM2G - 08041999 Page 2 of 5 Doc Prep Plus, Inc. <br />