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200200853 LOAN 0: 7132862 <br />TOGETHER WITH all the improvements now orhercafter erected on the property, and all casements, appy rlcrancesandfixmres <br />now or hereafter apart of the property. All replacements and additions shall also be covered by this Security Instrument. All of the <br />foregoing is referred to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seized ofthe estate hereby conveyed and has the rightto grant andconvey <br />the Property and that the Property is unencumbered, except for encumbrances ofreeord. Borrower warrants and will defend generally <br />the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited <br />variations by jurisdiction to constitute a uniform security instrument covering real property . <br />Borrower and Lender covenant and agree as follows'. <br />UNIFORM COVENANTS, <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt <br />evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with <br />the principal and interest as setforth in the Note and any late charges, a sumfor (a) lazes and special assessments levied or to be levied <br />against the Property, (b) leasehold payments or ground rents on the Property, and (c)premiums for insurance required underparagraph <br />4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development <br />( "Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each <br />monthly payment shall also include either: (i) a sum for thcammal mortgage insuranceprermumtobe paidby Leader to the Secretary, <br />or (Il) a monthly charge instead of a mortgage insurance premium ifthis Security Instrument is heldby the Secretary, in a reasonable <br />amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" <br />and the sums paid to Lender are called "Escrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount <br />that maybe requiredfor Borrower's escrowaccount underthe Real Estate Settlement Procedures Act of 1974,12 U.S.C. Section 2601 <br />et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended frorn time to time ( "RESPA "), except that the <br />cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are <br />available in the account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to <br />Borrower for the excess funds as required by RESPA. Tribe amounts of funds held by Lender at anytime is not sufficient to pay the <br />Escrow hems when due, Lender may notify the Borrower and require Borrower to [Hake up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument, If Borrower tenders to <br />Lender the full payment mall such sums, Borrower's account shall be credited with thelimance remaining for all installment items <br />(a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and <br />Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale ofthe Property or its acquisition <br />by Lender, Borrower's account shall be credited with any balance renaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the mortgage insurance premium tube paidby Lender to the Secretary or to the monthly charge by the Secretary instead <br />ofthe monthly mortgage insurance premium; <br />Second , to any [axes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance <br />premiums, as required, <br />"third , to interest due under the Note; <br />Fourth , to amortization of the principal of the Note; and <br />Fifth , to late charges due under the Note, <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whethernow inexistence <br />m subsequently erected, against any hazards, casualties, and contingencies, including fire, forwhich Lender requires insurance. This <br />insurance shall be maintained in the arnounts and for the periods that Lender requires. Borrower shall also insure all improvements <br />on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary . All <br />insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be heldby lender and <br />shall include loss payable clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly <br />by Borrower. F.ach insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, <br />instead of to Borrower and to Lenderjointly. All or any part ofthe insurance proceeds may be applied by Lender, at its option, either <br />(a) to lire reduction of the indebtedness under the Note and this Security lasnument, first to any delinquent amounts applied in the <br />order in paragraph 3, and then to prepayment ofprincipal, or (b) to the restoration or repair ofthe damaged Property. Any application <br />ofthe proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph <br />2, or change the amount ofsuch payment s. Any excess u suranceproceedsoveranamount required to pay all outstanding indebtedness <br />under the Note and this Security Instrument shall be paid to lire entity legally entitled thereto. <br />In the event offoreclosum of this Security Instrument or other transfer of tide to the Property that extinguishes the indebtedness, <br />all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. <br />5. occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br />Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution ofthis <br />Security Instrumea (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as <br />Borrower's principal residence for at least one year after the date ofoccupancy, unless Lender determines that requirement will cause <br />undue hardship for Borrower, or unless extenuating circumstances exist which are beyond B'orrower's control. Borrower shall notify <br />Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property <br />or allow the Property to deteriorate, reasonable wear and tear excepted- Lender may inspect the Property ifthe Property is vacant or <br />abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. <br />Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information <br />or statements to Lender (or failed to providcLender with any material information) ineonnectionwith the loan evidenced by the Note, <br />including, but not linumilto, representations concerningBorrower's oceupancyoftheProperty as aprineipalresideucc. ifthis Security <br />Instrument is on a leasehold, Borrower shall comply with the provisions of due lease. If Borrower acquires fee title to the Property, <br />the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. <br />6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condcmmation or other taking of any pan of the Property, or for conveyance in place of condemnation, are hereby assignedll <br />FIIA rvesrs..w n.ed of Trost - 4ms Initials : <br />Page 2 of 5 NEVexwE <br />