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<br />200700476 <br /> <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act <br />of 1974, 12 U.s.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended <br />from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements <br />or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the <br />mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts pemlitted to be held by RESPA, Lender shall <br />account to Borrower for the excess funds as required by RESP A. If the amounts of funds held by Lender at any time are <br />not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the <br />shortage as pemlitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower <br />tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for <br />all iI1~tallment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become <br />obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. InU11ediately prior to <br />a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance <br />remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 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 iI1~urance 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 tl1e principal of the Note; and <br />Fifth, to late charges due under tl1e Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on tl1e Property, whether <br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including tire, for which <br />Lender requires insurance. This insurance shall be maintained in tl1e amounts and for tl1e periods that Lender requires. <br />Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against <br />loss by tloods to tl1e extent required by the Secretary. All iI1~urance shall be carried witl1 companies approved by Lender. <br />The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and <br />in a form acceptable to, Lender. <br />In tl1e event of loss, Borrower shall give Lender immediate notice by mail. 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 for <br />such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may <br />be applied by Lender, at its option, eitl1er (a) to tl1e reduction of tl1e indebtedness under the Note and this Security <br />Instrument, first to any delinquent amounts applied in tl1e order in paragraph 3, and then to prepayment of principal, or <br />(b) to tl1e restoration or repair of tl1e damaged Property. Any application of the proceeds to tl1e principal shall not extend <br />or postpone the due date of tl1e montl1ly payments which are referred to in paragraph 2, or change the amount of such <br />payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under tl1e Note <br />and tl1is Security Instrument shall be paid to the entity legally entitled thereto. <br />In tl1e event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the <br />indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the 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 witllin sixty days <br />after tl1e execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall <br />continue to occupy the Property as Borrower's principal residence for at least one year after tlle date of occupancy, <br />unless Lender detennines tl1at requirement will cause undue hardship for Borrower, or unless extenuating circumstances <br />exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower <br />shall not commit waste or destroy, damage or substantially change tl1e Property or allow tl1e Property to deteriorate, <br />reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is <br />in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower <br /> <br />..4N(NE) (0407) <br />@ <br /> <br />Page 3 of 8 <br /> <br />.(7~ <br /> <br />InitiaIS&-~~ <br />