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200302235 <br />DOC ID # 0002055886657088 <br />Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied <br />first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the <br />Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under <br />the Noe, until the Now is paid in full, a sum (the "Funds') in provide for payment of amounts due for: (a) <br />taxes and assessments and other items which can attain priority over this Security Instrument as a lien or <br />encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for <br />any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any <br />sums payable by Borrower in Lender in lieu of the payment of Mortgage Insurance premiums in accordance <br />with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during <br />the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be <br />escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly <br />famish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for <br />Escrow twins unless Lender waives Borrower's obligation w pay the Funds for any or all Escrow Items. <br />Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any <br />such waiver 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 and, if <br />Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender <br />may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be <br />deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and <br />agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, <br />and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 <br />and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such <br />amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in <br />accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such <br />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 w apply the <br />Funds at the time specified under RESPA, and (b) not in exceed the maximum amount a lender can require <br />under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable <br />estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, <br />or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home <br />Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under <br />RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow <br />account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law <br />permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires <br />interest to be paid on the Funds, Lender shall not be required w pay Borrower any interest or earnings on the <br />Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower <br />for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined <br />under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the <br />amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly <br />payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify <br />Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the <br />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 to <br />Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable <br />to the Property which can attain priority over this Security Instrmment, leasehold payments or ground rents on <br />the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these <br />items are Escrow Items, Borrower shall pay them in the manner provided in 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 acceptable to <br />Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or <br />defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the <br />enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or <br />(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the hen to this <br />Security Instrument. If Lender determines that any part of the Property is subject to a Gen which can attain <br />priority over this Security Instrument, Lender may give Borrower a notice identifying the Gen. Within 10 days <br />of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set <br />forth above in this Section 4. <br />Lender may require Borrower m pay a one -time charge for a real eswe tae verification and/or reporting <br />service used by Lender in connection with this Loan. <br />-J Pi <br />imnaia. 6- <br />(0- eA(NE)mo ,)m CHL(01 /01) Form 30281/01 <br />