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99 111 � 41
<br /> Borrowsrs escrow account unde� the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.
<br /> � 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and
<br /> hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of funds dua on the basis of current data
<br /> and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
<br /> The Funds shall be held � an institution whose deposits are insured by a federal agency, instrumentality, or entity (including
<br /> Lender, 'rf Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items.
<br /> Lender may not charge Borcower for holding and apply�g the Funds, annually anayzing the escrow account, or verifying the Escrow
<br /> Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender
<br /> may requ�e Borrower to pay a one-time charge for an independant real estate tax reporting service used by Lender � connection with
<br /> this loan, unless applicable law provides othervvise. Unless an agreement is made or applicable law requires interest to be paid, Lender
<br /> shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lend� may agree in writing, however, that
<br /> interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annusl accounting of the Funds, showing
<br /> credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional
<br /> security for all sums secured by this Security Instrument.
<br /> If the Funds held by Lender exceed the amounts perrnitted to be held by applicable law, Lender shall account to Borrower for the
<br /> excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any tKne is not
<br /> sufficient to pay the Escrow Items when due, Lender may so not'rfy Borrower in writing, and, in such case Bonower shall pay to Lender
<br /> the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than tweNe monthly payments, at
<br /> 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
<br /> Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall
<br /> apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Secur'ity Instrument.
<br /> 3. Application of Payments. Unless applicable law provides otherwise, all payments recaived by lender under paragraphs
<br /> 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third
<br /> to interest due; fourth, to 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 ettributable to the Property
<br /> which may attain priority over this Security Instrument, and leasehold payments or ground r�ts, if any. Borrower shall pay these
<br /> obligations in the manner provided in paragraph 2, or N not paid in that manner, BoROwer shall pay them on time directly to the person
<br /> owed payment. Borrower shall prompty fumish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes
<br /> these payments directy, Borrower shall promptly fumish to Lender receipts evidencing the payments.
<br /> Borrower shall promptty discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to
<br /> the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests rc� good faith the lien by, or dafends
<br /> against enforcement of the I'ien �, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or(c)
<br /> secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Secur'ity Instrument. If Lender
<br /> determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give
<br /> BoROwer a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days
<br /> of the giving of notice.
<br /> 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
<br /> Property insured against loss by fire, hezards included within the tertn "extended coverage" and any other hazards, includ�g fbods or
<br /> flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
<br /> requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be
<br /> unreasonaby withheld. If BoROwer fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to
<br /> protect Lender's rights in the Property in accordance with paragraph 7.
<br /> All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
<br /> the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender ali receipts of paid premiums
<br /> and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
<br /> proof of loss 'rf not made prompty by Borrower.
<br /> Unless Lender and Borcower othenvise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property
<br /> damaged, 'rf the restoration or repair is economicaly feasible and Lender's security is not lessened. If the restoration or repair is not
<br /> economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
<br /> Security Instrument, whether or not then due, wkh any excess paid to Borrower. If Borrower abandons the Prope►ty, or does not
<br /> answer within 30 days a notice irom Lender that the insurance carrier has offered to settle a claim, then Lender may collect the
<br /> insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security
<br /> Instrument, whether or not then due. The 3aday period will begin when 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
<br /> due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21
<br /> the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resuking from damage to the Property prior
<br /> to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument rcnmediately prior to the
<br /> acquiskion.
<br /> 6. Occupancy, Preservation, Maintenance and Protection of the Property; 8orrower's Loan
<br /> AppI1C8t1011; LeBS@hOIdB. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sbcty
<br /> days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at
<br /> ieast one year after the date of occupancy, unless Lender otherwise agrees in wrking, which consent shall not be unreasonaby
<br /> withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impalr
<br /> the Property, albw the Property to deteriorate, or commk waste on the Property. Borrower shall be in defauR if any forfeiture action or
<br /> proceeding, whether civil or criminal, is begun that in Lenders good fakh judgment could resuR in forfeiture of the Property or otherwise
<br /> materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a defauk and
<br /> reinstate, as provided � paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lenders good faith
<br /> determination, precludes forfeiture of the Borrower's �terest 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 defauR 'rf Borrower, during the loan application process,
<br /> gave materialy false or inaccurate infortnation or statements to Lender (or failed to provide Lender with any material infortnation) in
<br /> connection with the loan evidenced by the Note, including, but not limited to, representations conceming Borrower's occupancy of the
<br /> Property as a principal residence. If this Security Instrument is on a leasehold, BoROwer shall comply with all the provisions of the
<br /> lease. If Bonower acquires fee title to the Property, the leasehold and the fee title shall not merge unless the Lender agrees to the
<br /> merger in writing. Fo�m 3oze e/eo
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