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200213488 <br />Leader in,, at easy time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may <br />he required for Bonowcr's escrow account under the Real Estate Settlement Procedures Act of 1994, 12 11S.C. § 2601 g{ a, and <br />implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ( " RESPA "), except that the cushion or reserve <br />permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be <br />basal on amounts due for the mortgage insurance premiuma . <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to he held by RESPA, Lender shall deal with the excess <br />funds as required by RESPA. if the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender <br />may Fairly the Borrower aad require Borrower to make up the shortage or deficiency as permitted by RESPA. <br />Tile Escrow Funds are pledged as additional security far all sums secured by this Security Instrument. If Burrower tenders to Lender the <br />full payment of all such sums, Borrower s account shall be credited with the balance remaining for all installment items (a), (b), aad (c) said any <br />mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any <br />excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be <br />credited with any balance remaining for all installments for items (al, (h), and (c). <br />3. Application of Puymenls. All payments under paragraphs I and shall he applied by Lender as follows: <br />First to the mortgage insurance premium to be paid by Lender to the .Secretary or to the monthly charge by the Secretary instead of the <br />monthly mortgage in,u ante premium; <br />Second, to any taxes special assessments, leasehold payments or ground rants, and fire. Flood and other heizand insurance pmnuums, as <br />required; <br />Third, to Interest due ,adenhe Note; <br />Fourth, to amortization of the principal of the Note; <br />Fifth, to late charges due under the Note. <br />4. Fire, Flood and Otter hazard Insurance Borrower shall insure all impmvmncnts on the Property, whether now In existence or <br />subsequently erected against any hazards, casualties, and contingencies, including tire. for which Lender requires insurance_ This insurance <br />,hall be maintained in the amounts and for the periods that Lender requires. Bouowcr shall also insure all improvements on the Property. <br />whether now iF existence or subsequently erected, against Ines by hoods to the extent wired by the Secretary. All insurance shall be carried <br />with companies approved by Lender The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in <br />favor oL sand in a form acceptable to, Lender_ <br />In the event of loss, Borrower shall give Iznder immediate notice by mail. Lender may make proof of loss if not made promptly by <br />Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of m <br />Borrower and to Lenderjointly- All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of <br />the indebtedness under the Note and this Security Instrument. first to any delinquent amounts applied in the order in Paragraph 3, and then to <br />prepayment of principal, or (b) to the restoraton or repair of the damaged Property- Any application of the proceeds to the principal shall not <br />extend or postpone the due date of the monthly payments which arc entered to in Paragraph 2, or change the amount of such payments- Any <br />excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Not, and this Security Instrument shall he paid <br />to the entity legally entitled therein. <br />In the event of foreclosure of this Security Instrument or other nanser of title to the Property that extinguishes the indebtedness, all right, <br />title land Interest of Borrower in and to insurance politics in force shall puss to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Properly; Bor'rower's Loan Application; Leaseholds. Borrower <br />,hall occupy, estaloh,h, and use the Property as Borrowers principal residence within sixty days alter the execution of this Security Instrument <br />end shall continue to occupy the Property as Bnrtowin, principal ec,ldence for at least one year after the date of occupancy, unless the Secretary <br />determines this requirement will cause undue hardship for Borrowers or unless extenuating circumstances exist which are beyond Borrowers <br />Central. Borrower shall notify Lenders of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially <br />change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is <br />vacant or abandoned or the loan is in default Lender may take reasonable action to Protect and preserve such vacant or abandoned Property. <br />Burrower shall also be in default if Borrower, during the loan upphi todr process, gave materially false or inaccurate Information or statements <br />to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not <br />limited to, representations concerning Borrower's occupancy of We Property as a principal residence - If this Security Instrument is on a <br />Ica,chold. Borrower shall comply with the provisions of the Icase. If Burrower acquires fee title to the Property, the leasehold and lee title shall <br />riot 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 condemnation or <br />other taking of any part of the Property, or for conveyance in place of condemnation. are hereby assigned and shall be paid to Lender to the <br />cxtcnt of the fell amount of the indebtedness that remains unpaid under the Note and this Security Instrument Lender shall apply such proceeds <br />to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided <br />in Paragraph 3. and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date <br />of the monthly payments which are referred to in Paragraph 2, or change tine amount of such payments. Any excess proceeds over an amount <br />required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. <br />9. Charges to Borrower and Protection of Lender's Rights in the Properly. Borrower shall pay all governmental or municipal <br />charges. fines and impositions that are not included in Paragraph 2, Borrower shall pay these obligations on time directly to the entity which is <br />owed the payment If failure to pay would adversely affect Leader's interest in the Property, upon Lender's request Borrower shall promptly <br />furtlsh to Lender receipts evidencing these payments. <br />If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and <br />agreements confined to this S,ourity, Instrument, or there Is a legal proceeding that may significantly affect Lender's rights in the Property <br />(such as a proceeding in bankruptcy, forceademratimr ur to enforce laws or regulations), then Lender may do and pay whatever is necessary to <br />protect the value of the Property and Lender', rights in the Property. Including payment of taxes, hazing insurance and other items mentioned in <br />Paragraph 2. <br />P",2d5 <br />1101 c "o) 16198]3 <br />cmixacoscam <br />