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200005659 <br />term of the Loan, Lender may require that Community Association Dues, Fees and Assessments, <br />if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. <br />Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. <br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's <br />obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation <br />to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in <br />writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the <br />amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, <br />if Lender requires, shall furnish to Lender receipts evidencing such payment within such time <br />period as Lender may require. Borrower's obligation to make such payments and to provide <br />receipts shall for all purposes be deemed to be a covenant and agreement contained in this <br />Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is <br />obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the <br />amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such <br />amount and Borrower shall then be obligated under Section 9 to repay to Lender any such <br />amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice <br />given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all <br />Funds, and in such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit <br />Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the <br />maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds <br />due on the basis of current data and reasonable estimates of expenditures of future Escrow Items <br />or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so <br />insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow <br />Items no later than the time specified under RESPA. Lender shall not charge Borrower for <br />holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow <br />Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to <br />make such a charge. Unless an agreement is made in writing or Applicable Law requires interest <br />to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on <br />the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the <br />Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as <br />required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account <br />to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held <br />in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and <br />Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with <br />RESPA, but in no more than twelve monthly payments. If there is a deficiency of Funds held in <br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and <br />Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with <br />RESPA, but in no more than twelve monthly payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly <br />refund to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold <br />payments or ground rents on the Property, if any, and Community Association Dues, Fees, and <br />Assessments, if any. To the extent that these items are Escrow Items, Borrower sh 11 pay them in <br />the manner provided in Section 3. <br />in)tie <br />—B(NE) (9904).01 page s or ie or 3028 3/99 <br />CVNE 07/10/00 7:52 AM 6696781076 <br />