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200208011 <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, <br />Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by <br />Lender at any time are not sufricient to pay the Escrow Items when due, Lender may notify the Borrower and <br />require Borrower to make 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 <br />Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the <br />balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment <br />that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess <br />funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, <br />Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and <br />(c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as <br />follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge <br />by the Secretary instead of the monthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other <br />hazard insurance premiums, as required; <br />'Third, to interest due under the Vote; <br />ourth, 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, <br />whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including <br />fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the <br />periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in <br />existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance <br />shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by <br />Lender and 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 <br />loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed <br />to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any <br />part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the <br />indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order <br />in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged <br />Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the <br />monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess <br />insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Security Instrument shall be paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that <br />extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall <br />pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br />Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or <br />transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least <br />one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for <br />Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall <br />notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or <br />substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. <br />Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may <br />take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in <br />default if Borrower, during the loan application process, gave materially false or inacc rah to formation or <br />mifia <br />(',�- 4NINE) �eeon s.e• � er e <br />