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200205763 <br />po;miums, if any, or any sums payable by Borrower to Lender in lieu of Ric payment of Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow <br />Items." At origination or at any time during the term of the Loan, Lender may require that Community <br />Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall he an Escrow Item. Best ower shall promptly furnish to Lender all notices of amounts to <br />be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives <br />Borrower's obligation to pay the Funds for any or all Escrow Items. lender may waive Borrower's <br />obligation to pay to Lender Funds fur any or all Escrow Items at any time. Any such waiver may only be <br />in writing. In the event of such waiver, Borrower shall pay dirucdv, when and where payable, the amounts <br />due for any Escrow Items for which payment of Funds has been wtivnl by Lender and, if Lender requires, <br />shall famish to Lender receipts evidencing such payment within such time period as Lender may require. <br />Borrower's obligation to make such payments and In provide receipts shall for all purposes be deemed to <br />be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" <br />is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and <br />Borrower fails to pay the amount duc fur an Escrow Item, Lender may exercise its rights under Section 9 <br />and pay such amount and Borrower shall then be obligated under Suction 9 to repay to Lender any such <br />amount_ Lender may revoke Rte 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 <br />such ammm�s, that are then required under this Section 3. <br />Lender may, at any lime, collect and hold Funds in an x11011111 (a) sufficient to permit Lender to 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 nl Funds due on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable <br />Law, <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, <br />instrumentality, or utility (including Lender, it Lender is an institution whose deposits are so insured) or in <br />any Federal home Loan Bank. Linder shall apply the Funds to pay the Escrow Items no later than the time <br />specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or verifying the Escrow Items, unless Lcndcr pays Borrower interest on the <br />Funds and Applicable Law pemtits Lender to make such a charge. Unless an agreement is matte in writing <br />or Applicable Law requires interest to be paid on the Funds, Lcndcr shall not be required to pay Borrower <br />any interest or earnings on the Funds. Borrower and Leader can agrcc in writing, however, that interest <br />she]] be paid on the Funds. Lcndcr shall give to Borrower, without charge, an annual accounting of the <br />Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Leader 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 netity Borrower as required by RESPA, and Borrower shall pay to <br />Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 <br />monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall <br />notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make <br />up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full eI all sunhs secured by this Security Instrument, Lender shall promptly refund <br />to Borrower any Funds held by Leader. <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. To <br />the extent that these items are Escrow Items, Borrower shall pay them in the numner provided in Section 3. <br />.6AINEl Form 3028 1/01 <br />T <br />