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<br />200603973 <br /> <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender <br />shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any <br />time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to <br />make up the shortage as permitted by RESP A. <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 balance <br />remaining for all installment items (a), (b), and (c) and any mortgage intmrance premium installment that Lender has <br />not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be <br />credited Witll any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs I and 2 shall be 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 <br />Secretary instead of the monthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and tire, flood and other hazard <br />insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, 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, whether <br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which <br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender <br />requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently <br />erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies <br />approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable <br />clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by tnail. Lender may make proof of loss if not <br />made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment <br />for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance <br />proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and <br />this Security Instrument, first to any delinquent amounts applied in tl1e order in paragraph 3, and then to prepayment <br />of principal, or (b) to tl1e restoration or repair of tl1e damaged Property. Any application of tl1e proceeds to the <br />principal shall not extend or postpone tl1e due date of tile montl11y payments which are referred to in paragraph 2, or <br />change tl1e amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding <br />indebtedness under the Note and this Security Instrument shall be paid to tl1e entity legally entitled tllereto. <br />In tl1e event of foreclosure of tl1is Security Instrument or otl1er transfer of title to the Property tl1at extinguishes <br />tlle indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence witl1in sixty <br />days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of tlle Property) <br />and shall continue to occupy tlle Property as Borrower's principal residence for at least one year after tl1e date of <br />occupancy, unless Lender determines tllat requirement will cause undue hardship for Borrower, or unless extenuating <br />circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating <br />circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow fue <br />Property to deteriorate, reasonable wear and tear excepted. Lender tnay inspect tlle Property if tl1e Property is vacant <br />or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or <br /> <br />G-4R(NEI (96011 <br />@ <br /> <br />Page 3 of 8 <br /> <br />'"'"~ <br />