|
200508426
<br />Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
<br />Section. 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender
<br />may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such
<br />dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of
<br />amounts to 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 obligation to pay
<br />to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of
<br />such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which
<br />payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing
<br />such payment within such time period as Lender may require. Borrower's obligation to make such payments and to
<br />provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
<br />Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow
<br />Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Itern, Lender may
<br />exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to
<br />repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a
<br />notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and
<br />in such amounts, that are then required under this Section 3.
<br />Lender may, at any time, collect and bold Funds in an amount (a) sufficient to permit Lender to apply the
<br />Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
<br />RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
<br />expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
<br />entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
<br />Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
<br />shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
<br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
<br />such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
<br />Lender shall not be required to pay Borrower any interest or earnings on the Funds_ Borrower and Lender can agree
<br />in writing, 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 Borrower
<br />for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under
<br />RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
<br />necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is
<br />a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
<br />RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
<br />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 to
<br />Borrower any Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
<br />to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
<br />Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are
<br />Escrow Items, Borrower shall pay them in the manner provided in Section 3.
<br />Initials: 6 '- /7
<br />Page 5 of 15
<br />
|