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<br />200603845 <br /> <br />premiums, if any, or any sums payable by Borrower to Lender in lieu of the 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 Connnunity <br />Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to <br />be paid under this Section. Borrower shall pay Lender tlle Funds for Escrow Items unless Lender waives <br />Borrower's obligation to pay tlle Funds for any or all Escrow Items. Lender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be <br />in writing. In tlle event of such waiver, Borrower shall pay directly, when and where payable, tlle amounts <br />due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, <br />shall furnish to Lender receipts evidencing such payment witllin such time period as Lender may require. <br />Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to <br />be a covenant and agreement contained in tllis Security Instrument, as tlle 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 anlOunt due for an Escrow Item, Lender may exercise its rights under Section 9 <br />and pay such amount and Borrower shall tllen be obligated under Section 9 to repay to Lender any such <br />amount. Lender may revoke the 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 amounts, tllat are tllen required under tllis Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pemlit Lender to apply <br />the Funds at tlle time specified under RESP A, and (b) not to exceed tlle maximum amount a lender can <br />require under RESP A. Lender shall estimate the amount of Funds due on tlle basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance witll Applicable <br />Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in <br />any Federal Home Loan Bank. Lender shall apply tlle Funds to pay the Escrow Items no later tllan the time <br />specitied under RESPA. Lender shall not charge Borrower for holding and applying tlle Funds, annually <br />analyzing the escrow account, or verifying tlle Escrow Items, unless Lender pays Borrower interest on the <br />Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing <br />or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower <br />any interest or earnings on tlle Funds. Borrower and Lender can agree in writing, however, that interest <br />shall be paid on tlle Funds. Lender shall give to Borrower, witllout charge, an annual accounting of tlle <br />Funds as required by RESP A. <br />If tllere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to <br />Borrower for tlle excess funds in accordance witll RESP A. If there is a shortage of Funds held in escrow, <br />as detined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to <br />Lender tlle amount necessary to make up tlle shortage in accordance witll RESPA, but in no more than 12 <br />montllly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shaH <br />notify Borrower as required by RESP A, and Borrower shall pay to Lender tlle 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 of all sums secured by tllis Security Instrument, Lender shall promptly refund <br />to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions <br />attributable to the Property which can attain priority over tllis Security Instrument, leasehold payments or <br />ground rents on tlle Property, if any, and Community Association Dues, Fees, and Assessments, if any. To <br />the extent tllat tllese items are Escrow Items, Borrower shall pay tllem in the maImer provided in Section 3. <br /> <br />.. -6(NE) 100051 <br />@ <br /> <br />Initials: V 1-; ~ <br /> <br />Page 5 of 15 <br /> <br />Form 3028 1/01 <br />