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� 99 112 ? 96 <br /> Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maxknum <br /> amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. <br /> � 2601 � se°• and implementing regulations, 24 CFR Part 3500, as they mey be amended from time to time ("RESPA"), except <br /> that the cushbn or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrowers <br /> payments are availeble in the account may not be based on emounts due for the mortgege insurance premium. <br /> If the amounts held by Lender for Escrow items exceed the amounts permitted to be held by RESPA, Lender shall account <br /> to Borcower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to <br /> pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by <br /> RESPA. <br /> The Escrow Funds are piedped as additional secur'ity for all sums secured by this Security InsWment. If Borrower tenders <br /> to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all insta�knent <br /> ftems (a), (b), and (c) and any mort�a�e insurance premium instalknent that Lender has not become obligated to pay to the <br /> Secretery, and Lender shaA prompty retund any excess tunds to Borrower. Immediatey prior to a forecbsure sale of the Property <br /> or its acquiskbn by Lender, Borrowers account shaU be credited with any balance remaining for all instaiknents for items (a), (b), <br /> and (c). <br /> 3. Application of Payments. n�i peymencs under Para9rapns i and 2 shall be applied by L�der as folbws: <br /> First, to the mortgaqe insurance premium to be paid by l.ender to the Secretary or to the monthy charye by the Secretary <br /> instead of the monthy mortgage insurance premium; <br /> Second, to any texes, special assessments, leasehold payments or ground rents, and Nre, Hood and other hezard <br /> insurance premiums, as required; , <br /> Third, to interest due under the Note; <br /> Fourth, to amoRization of the principal of the Note; and <br /> Fifth, to late charges due under the Note. <br /> 4. Fire, Flood and Other Hazard Insurance. sorrower snau :,sure su improvements on the Property, wnecner <br /> now in existence or subsequ�ty erected, against any hazards, casualties, end contingencies, includhg Hre, for wh�h Lender <br /> requires insurance. This insurance shall be maintained 'n the amounts and for the periods that Lender requires. Borrower shall <br /> also insure ail improvements on the Property, whether now in existence or subsequenty erected, against bss by fbods to the <br /> extent required by the Secretary. All insurance shall be caRied with companies approved by Lender. The insurence policies and <br /> any renewals shall be held by Lender and shall include bss payable clauses in favor of, and in a form acceptable to, Lender. <br /> In the event of bss, Borrower shall give Lender immediate notice by mail. Lender may make proof of bss if not made <br /> prompty by Borrower. Each insurance company concemed is hereby authorined and directed to make payment for such bss <br /> directy to Lender, instead of to Borrower and to Lender jointy. All or any part of the insurance proceeds may be applied by <br /> Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any <br /> delinquent amounts applied in the order in Paragraph 3, and th� to prepayment of principal, or (b) to the restoretion or repair of <br /> the dameged Property. Any epplication of the proceeds to the pnc�ipal shall not extend or postpone the due dete of the <br /> monthy payments which are referred to in Peregraph 2, or change the amount of such payments. My eoccess insurance <br /> proceeds over an amount required to pay all outstand'ng indebtedness under the Note and this Security Instrument shall be paid <br /> to the entity legelly entkled thereto. <br /> In the event of forecbsure of this Security Instrument or other transfer of title to the Property that e�ctingukshes the <br /> indebtedness, all right, title and interest of Borrower in and to insurance policies in force sheil pass to the purchaser. <br /> 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br /> AppliC8t1011; Leaseholds. Borrower shali xcupy, establish, and use the Property as Borrower's principal residence within <br /> sbRy days atter the eocecution of this Security InsWment (or wkhin saty days of a later sale or transfer of the Property) and shail <br /> contnue to occupy the Property as Borrower's principal residence for at least one year aRer the date of occupancy, unless <br /> Lender determines that requ'rement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are <br /> beyond Borrower's control. Borrower shall notiy Lender of any wctenuating circumstances. Borrower shall not commit waste or <br /> destroy, damage or substantialy change the Property or albw the Property to deteriorate, reasonable wear and tear eoccepted. <br /> Lender may inspect the Property ff the Property is vacant or abandoned or the ban is in defauR. Lender may teke reasonable <br /> action to protect end preserve such vacant or abandoned Property. Borrower shall also be in defauR ff BoROwer, during the ban <br /> application process, gave materialy talse or inaccurate information or statements to Lender (or failed to provide Lender with any <br /> material information) in connection with the ban evidenced by the Note, including, but not limited to, representations conceming <br /> BoROwers occupancy of the Property as a principal resid�ce. If this Security Instrument is on a leasehold, Borrower shall <br /> compy with the provisions of the lease. If Borrower acqu�es fee title to the Property, the leasehold and fee title shall not be <br /> merged unless Lender agrees to the merger in writing. <br /> 6. Condemnation. The p�oceBds of any award or claim for damages, direct or consequentisi, in connection wkh any <br /> condemnatan or other taking of any part of the Property, or for conveyance in piece of condemnation, are hereby assipned and <br /> shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this <br /> Security Instrument. Lender shaU eppy such prxeeds to the reductan of the indebtedness under the Note and this Securky <br /> Instrument, first to any delinquent emounts applied in the order provided in Paragraph 3, and then to prepayment of principal. <br /> My application of the proceeds to the principal shall not extend or postpone the due date of the monthy payments, whbh are <br /> referred to in Paragraph 2, or change the amount of such payments. My excess proceeds over an amount required to pay all <br /> outstanding indebtedness under the Note and this Security Instrurr�nt shall be paid to the entity legaly entitled thereto. <br /> 7. Charges to Borrower and Protection of Lender's Rights in the Property. sorrower snau pey au <br /> govemm�tal or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these <br /> obligations on time directly to the entity which is owed the payment. If failure to pay woua ed�ersey arr�cc �,ders �teresc �n <br /> the Property, upon Lenders request BoROwer shall prompty fumish to Lender receipts evidencing these payments. <br /> If Borrower fails to make these payments or the payments required by Paragreph 2, or fails to perform any other covenants <br /> and agreements contahed in this Security Instrument, or there is a legal proceeding that mey sipni8ccenty affect Lender's riphts in <br /> the Property (such as a proceed'ng in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and <br /> pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, <br /> hazard insurance and other items mentioned 'm Paragraph 2. <br /> FSBI3.LM0(2/BB) Paps 2 of 5 <br /> �_ <br />