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200108250
<br />HB170271
<br />assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts
<br />to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
<br />waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive
<br />Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver
<br />may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
<br />payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
<br />and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period
<br />as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for
<br />all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the
<br />phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items
<br />directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may
<br />exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under
<br />Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
<br />Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Rnrrnwer
<br />shall pay to Lender all 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 Lender to
<br />apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender
<br />can require under RESPA. Lender shall 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
<br />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 insured) or
<br />in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the
<br />time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,
<br />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. Unless an agreement is
<br />made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required
<br />to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,
<br />however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
<br />annual accounting of the Funds as required by RESPA.
<br />If there is a surplus of Punds held in escrow, as defined under RESPA, Louder shall accuuul to
<br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
<br />as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay
<br />to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than
<br />12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender
<br />shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to
<br />make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
<br />to Borrower anv 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 payments or
<br />ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any.
<br />To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in
<br />Section 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
<br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
<br />acceptable to Lender, but only so long as Borrower is perforuling such agreement; (b) contests the lien in
<br />good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion
<br />operate to prevent the enforcement of the lien while those proceedings are pending, but only until such
<br />proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
<br />Faanie Mae/Freddie Mac UNIFORM INSTRUMENT 1101
<br />FZ02:06/01 (Page 5) V ��
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