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DEED OF TRUST W O O S 12 <br />(Continued) Page 2 of 5 <br />sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. <br />These items are called "Escrow Items" Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a <br />lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act <br />of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ( "RESPA "), unless another law that applies to the Funds sets a lesser <br />amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount <br />of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with <br />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 charge <br />Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower <br />interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one -time <br />charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. <br />Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings <br />on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, <br />without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds <br />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 excess <br />Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the <br />Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make <br />up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at 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 Lender. <br />If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds <br />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 2 shall <br />be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to <br />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 attain <br />priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner <br />provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall <br />promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall <br />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 Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the <br />holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the <br />Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. <br />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 insured against <br />loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires <br />insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the <br />insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain <br />coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with <br />paragraph 7. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right <br />to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly <br />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 economically <br />feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from <br />Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to <br />repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when <br />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 date of <br />the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired <br />by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to <br />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; Leaseholds. Borrower shall <br />occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall <br />continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise <br />agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's <br />control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower <br />shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in <br />forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may <br />cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's <br />good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this <br />Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially <br />false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan <br />evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If <br />