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I- r !1 <br />90-' 106036 <br />Lach monthly installment for items (a). (b), and (c) shall equal one- twelfth of the annual amounts, as reasonably estimated <br />by lender, plus an amount sufficient to maintain an additional balance of not more than vne -sixth of the estimated amounts. <br />The full annual amount for each item shall be accumulated by Lender within a period ending one month before an item would <br />become delinquent. Lender shall hold the amounts collected in i rust to pay items la). lb). and (c) before they become delinquent. <br />1 f at any time the total of the payments held by Lender for items (a), (h►, and (c), together with the future monthly payments <br />for such items payable to Lender prior to the due dates of such items, exceeds by more than one -sixth the estimated amount <br />of payments required to pay such items when due, and if payments on the Note are current, then Lender shall either refund <br />the excess over one -sixth of the estimated payments or credit the excess over one -sixth of the estimated payments to subsequent <br />payments by Borrower, at the option of Borrower. If the total of the payments made by Borrower for item (a), (b), or (c) <br />is insufficient to pay the item when due, then Borrower shall pay to Lender any amount necessary to make up the deficiency <br />on or before the date the item becomes due. <br />As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban Development or his or her <br />designee. Most Security Instruments insured by the Secretary are insured under programs which require advance payment of <br />i . the entire mortgage insurance premium. If this Security Instrument is or was insured under a program which did not reytitir? <br />advance payment of the entire mortgage insurance premium, then each monthly payment shalt also include either: (i) an installment <br />of the annual mortgage insurance premium to be paid by Lender to the Secretary. or (ii) a monthly charge instead of a mortgage <br />insurance premium if this Security Instrument is held by the Sox-etary. Each monthly installment of the mortgage insurance <br />premium shall be in an amount sv.f kirnt to accumulate the foli :annual mortgage insurance premium with Lender one month <br />prior to the date the full annual mortgage insurance premium is due to the Secretary, or if this Security Instrument is held <br />by the Secretary, each monthly charge shall be in an amount equal to one - twelfth of one -half percent of the outstanding principal <br />balance due on the Note. <br />If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account shall <br />be credited with the balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium <br />Installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds <br />to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall <br />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 follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary <br />instead of the monthly mortgage insurance premium, unless Borrower paid the entire mortgage insurance premium when this <br />Security Instrument was signed; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance <br />� premiums, as required; _ <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of the Note; <br />Fifth, to late charges due under the Note. <br />4. Fire, Flood and Other Ha=rd Insurance. Borrower shall insure all improvements on the Property, whether now in t <br />existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires , <br />insurance. This insurance shall be maintained In the amounts and for the periods that Lender requires. Borrower shall also <br />insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent - -_ <br />required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any - <br />renewals shall be held by 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 if not made <br />promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss <br />directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied <br />by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to <br />any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration <br />or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date <br />of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance <br />proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be <br />paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the <br />indebtedness. ati right, tick and interest of Borrower in and to Insurancie policies in forge shall pass to the purchaser. <br />S. PRmeretalaon and Malatentroce of the Property, LeawWds. Borrower shall 8( v :ommit waste or destroy, damage or <br />substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect <br />the property if the property is vacant or abandoned or the loan is in deGauh. Lender may take reasonable action to protect <br />and preserve such vacant or abandoned property. If this Security Instrument is on a leasehold, Borrower shall comply with <br />the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless <br />Leader andiEs to the tneraer in writing <br />f. Charges to Borrower and Protection of Larder's Rights in the Property. Borrower shall pay all governmental or municipal <br />charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to <br />the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's <br />request Borrower shall promptly furnish to Lender receipts evidencing these payments. <br />•= - _ <br />If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants <br />and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights <br />in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations). then Lender may <br />do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment <br />of taxes, hazard insurance and other items mentioned in Paragraph 2. <br />Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured <br />by this Security Instrument. These amounts bear interest from date <br />shall the of disbursement, at the Note rate. and at the <br />option of Lender, shall be immediately due and payable. <br />7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of any pan of the Property, or for conveyance in place of condemnation, are hereby assigned <br />' <br />and shall be paid to Leader to the cttcnt of the full amount of the indebtedness thut remain% unpaid under the Note and tits <br />~ <br />Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security <br />Instrument, first toany delinquent amounts applied iu the order provided in I'arateraph s, and then io prrpat incnt ill pnnctpal. <br />116im : eel 4 <br />1 <br />