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<br />200601850 <br /> <br />DOC ID #: 00012506320602006 <br />Borrower to lhe repayment of the Periodic Payments if, and to the extent that, each payment can be paid in <br />full. To the extent that any excess exists after I,he payment is applied to the full payment of one or more <br />Periodic Paymellls, such excess may be applied to any late charges due. Voluntary prepayments shall be <br />applied first to any prepayment charges and (,hen as described in the Note. <br />Any application of payments, inwrance proceeds, or Miscellaneous Proceeds to principal due undcr the <br />Note shall not exlend or pOStpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds I'or Escrow Itellls. Borrower shall pay to Lender on the day Periodic Payments are duc under <br />the Note, until the Note is paid in full, a sum (the "Funds") to pmvide for payment of amounls due for: (a) <br />taxes and assessmcnts and other items which can aLtain priority ovcr this Security Instrument as a lien or <br />encllmbrunce on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums <br />for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or <br />any slims payable by Borrower to Lender in lieu of the payment of Mortgage Immn.\nce premiums in <br />accordance with Ihe provisions of Section 10. These items arc called "Escrow Items." At origination or at any <br />time during the term of the Loan, Lender may require that Community Association Dues, Pees, and <br />Assessments, if any, be escrowed by Borrower, and such dues, fces lllld assessments shall be an Eserow lLem. <br />Bormwcr shall promptly furnish to Lender alluolices of amounts 10 be paid under (his Section. Borrower shall <br />pay Lender the Funds for Eserow hems unless Lender waives IlOITOWcr'S obligation to pay the Funds for any <br />or all Escrow Items. Lendcr may waive Borrower's obligalion to pay to Lender Funds for any or all Escrow <br />Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay <br />directly, whcn and where payable, the amounls due for any Escrow Items for which payment of Funds has <br />been waived by Lender and, if Lendcr requires, shall furnish 10 Lender receipts evidencing such payment <br />within such time period as Lendcr may require. Borrower's obligation to make such payments and to provide <br />receipts shall for all purposes be deemed to be a coven lint and agreement contained in this Security <br />Instmmenl, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligatcd 10 pay <br />Escrow lLems direclly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, <br />Lender may cxercise its rights under Section 9 and pay such amount and Borrower shall then be obligated <br />under Seclion 9 to repay to Lender any such amounl. Lender may revoke the waiver as to any or all Escrow <br />Items at any time by a nolice given in accordance with Section 15 and, upon such revocation, Borrower shall <br />pay to Lender all Funds, and in such amounls, that arc lhen required under this Section 3. <br />Lender may, atmly time. collect and hold Fumls in an nmo\lnt (a) sufficient to permit Lender to npply the <br />Funds at the time specified under RESPA, and (h) not to excced Ihe maximum amount a lendcr can require <br />under RESPA. Lender shall estimnte Ihe amountllf Funds due on lhe basis of current dala and reasonable <br />eSlimates of expendiLllres of future Escrow Items or otherwise in accordance with Applicable Law. <br />Thc Funds shall be held in an institution whose deposits are insured by a federal agency, inslnunentality, <br />or entity (including Lender, if Lender is an institulioll whose deposits arc so insured) or in any Pederal Homc <br />Loan Bank. Lender shall apply the Funds to pay the Escrow Itcms no later than the time specified under <br />RESPA. Lender shall nOt charge Borrower for holding And applying the Funds, annuAlly analyzing the escrow <br />account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable <br />Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law <br />requires inlerestto be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings <br />on Ihe Funds. Borrower and Lender can agree in writing, however, thai interesl shall be paid on the Funds. <br />Lender shall give to Borrower, without charge, anannuul accounting of the Funds as required by RESPA. <br />If Ihere is a surplus of Funds held in escrow, as defined under RESPA, Lendcr Flhall account 10 Borrower <br />for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined <br />under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to L.ender lhe <br />amount necessary to make lip the shortage in accordance with RESPA, bul in no more than 12 monthly <br />payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify <br />Borrower as required by RESPA, and Borrower shall pay to Lender the umount necessary to make lip the <br />dcficiency in accordance with RESP A, but in no more llllln 12 monthly payments. <br />UPOIl paymcnt in full of all SUIllS secured by this Security Instrument, Lender shall promptly refund to <br />Borrower any Funds held by Lender. <br />4. Char~es; Liens. Borrower shall pay ulltllxes, assessments, charges, fines, lInd impositions lIttributable <br />to the Property which can lIllain priority over this Security Instrumenl, leasehold pay men Is or ground rents on <br />the Property, if any, ami Community Association Dues, Fees, find Assessments, if any. To the extentlhatthese <br />i1ems are Escrow lLems, Borrower shall pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless <br />Borrower: (a) agrees in writing to the payment of the obligation secnred by the lien in a manner acceptable to <br />Lender, but only so long as Borrower is perfonning such agreement; (b) COTltests the lien in good faith by, or <br />defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the <br />enforcement of the lien while those proceedings are pending, but only until sueh proceedings are concluded; <br />or (c) secures from the holder of the lien an agreemenl satisfactory to Lender subordinating the lien to this <br />Security InslOlmenl. If Lender determines that any part of the Property is subject to a lien which can allain <br />priority over this Security Instmmerll, Lender may give Borrower a notice identifying the lien. Within 10 days <br />of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actiolls set <br />forth above in this Section 4. <br />Lender may require Borrower to pay a one~time charge for a rcal estate tax verification lind/or reporting <br />service used by Lender in connection with this Loan. <br /> <br />~ -6A(NE) (04U/) <br /> <br />CHL (08/05) <br /> <br />Page 4 of 11 <br /> <br />Fonn 3028 1/01 <br />