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200301073 <br />premiums,if any, or any sums payableby Borrowerto Lenderin lieu of the paymentof Mortgage Insurance <br />premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At <br />origination or at any time during the term of the Loan, Lender may require that Community Association <br />Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessmentsshall be <br />an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this <br />Sect ion. Borrowershall pay Lenderthe Funds for EscrowItemsuntess Lenderwaives Borrower's obligation <br />to pay the Funds for any or all Escrow Items. Lendermay waive Borrower's obligation to pay to Lender <br />Funds for any or all EscrowItemsat any time.Any such waiver may only be in writing. In the event of such <br />waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for <br />which payment of Fundshas beenwaived by Lendermd, if Lenderrequires, shall furnish to Lenderreceipts <br />evidencing such paymentwithin such timeperiodas Lendermay require.Borrowei s obligationto make such <br />payments and to provide receiptsshall for all purposesbe deemedto be a covenant and agreememcomained <br />in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is <br />obligatedto pay EscrowItemadirectly, pursua dto a waiver, and Borrowerfails to pay the amomudue for an <br />Escrowltem,Lendermay exerciseits rightsunderSection9 andpay such amountand Borrowersball thenbe <br />obligatedunderSection 9 to repayto Lendermy such amoumLendermay revoke the waiver as to any or all <br />Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, <br />Borrower shall pay to Lender all Funds, and in such amounts, that we then required under this Section 3. <br />Lendermay, at any time, collect and hold Funds in an amount (a) sufficient to permitLenderto apply <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can <br />require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institutionwhose depositsucinsuredby a federalagency, instrumentality, <br />or entity (including Lender,if Lenderis an institutionwhose depositsare so insured)or in any FederalHome <br />Loan Bank. Lender shall apply the Finds to pay the Escrow Items no later than the time specified under <br />RESPA. Lender shall not charge Borrower for holding and applying the Finds, annually analyzing the <br />escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and <br />Applicablelaw permitsLenderto make such a charge. Unless an agreementis made in writing or Applicable <br />Law requires interest to be paid on the Funds, Lender shall not be requiredto pay Borrower any interestor <br />earnings on the Funds. Borrower and Lender can agreein writing, however, that interest shall be paid on the <br />Funds. Lender shall give to Borrower, without charge, an annual accounting of the Finds as required by <br />RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to <br />Borrowerfor the excess funds in accordancewith RESPA.If thereis a shortageof Finds held in escrow, as <br />defined under RESPA, Lender shall notify Borrower as requiredby RESPA, and Borrower shall pay to <br />Lender the amountnecessary to make up the shortage in accordancewith RESPA,but in no more than 12 <br />monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lendershall <br />notify Borroweras requiredby RESPA, and Borrowershall pay to Lenderthe amountnecessary to make up <br />the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Uponpaymentin full of all sums securedby this Security Instrument,Lendershall promptlyrefund to <br />Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attributableto the Property which can attain priority over this Security Instmment,leasehold payments or <br />groundrentson the Property,if any, and CommunityAssodationDues, Fees, and Assessments,if any. To the <br />extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br />DOC #:317605 APPL #:8010075391 Sfk LOAN #:8010095391 <br />InXIeB: iYI. <br />40 -6(NE) sssq Pegesais '�5 , Fonn3028 1/01 <br />