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<br />200700055 <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 Community <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 anlOunts to <br />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 <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 the event of such waiver, Borrower shall pay directly, when and where payable, the anlOunts <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 within 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 the pbrase "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 anlOunt and Borrower shall then 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 Witll Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in <br />such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply <br />the Funds at tbe time specitied under RESPA, and (b) not to exceed the maximum amount a lender can <br />require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with 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 the Funds to pay the Escrow Items no later than tlle time <br />specified under RESP A. Lender shall not charge Borrower for bolding and applying the Funds, annually <br />analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the <br />Funds and Applicable Law pemlits 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 the Funds. Borrower and Lender can agree in writing, however, tllat interest <br />shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the <br />Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as de tined under RESPA, Lender shall account to <br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, <br />as defined under RESP A, Lender shall notify Borrower as required hy RESP A, and Borrower shall pay to <br />Lender tlle amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 <br />monthly payments. If there is a deficiency of Funds held in escrow, as detined under RESPA, Lender shall <br />notify Borrower as required by RESPA, and Borrower shall pay to Lender the 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 hy this 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 this 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 that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br /> <br />.. -6(NE) 100051 <br />(!) <br /> <br />Page 5 of 15 <br /> <br />.. liDO" <br />lnltlal:!i:~ <br /> <br />Form 3028 1/01 <br /> <br />/'Ii .Or. <br />