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200304866 <br />600641942 <br />assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender <br />waives Bornwer's obligation to pay the Funds for any or all Escrow Items. Lender may waive <br />Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver <br />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 <br />and,�if Lender requires, shall famish to Lender receipts evidencing such payment within such time period <br />as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for <br />all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the <br />please "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items <br />directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may <br />exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under <br />Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow <br />Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Burrower <br />shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. <br />Lender Wray, at any time, collect and hold Funds in an amount (a) sufficient to pernm Lender to <br />apply the Funds at the time specified under RLSPA, and (h) not to exceed the maximum amount a lender <br />can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data <br />and reasonable estimates of expenditures of future Escrow Itenvs or otherwise in accordance with <br />Applicable law. <br />The Funds shall be held in em tratitution whose deposits are insured by a federal agency, <br />instrumentality, or entity (including Tender, if Lender is an institution whose deposits are so insured) or <br />in any Federal Hume Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the <br />time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, <br />annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Burrower <br />interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is <br />made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required <br />to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, <br />however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an <br />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 <br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, <br />as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Burrower shall pay <br />to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than <br />12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender <br />shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to <br />make up the 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 <br />to Burrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or <br />ground rents on the Property, if any, and Community Association Dues, fees, and Assessments, if any. <br />To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in <br />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 <br />acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in <br />good faith by, or defends against enforcement of the lien in, legal proceedings which in Tender's opinion <br />operate to prevent the enforcement of the lien while those proceedings are pending, but only until such <br />proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender <br />Fannie Mae/Freddie Mae UNIFORM INSTRUMENT 1101 <br />FZ02 '.O6 /01 (Pages) fC R <br />