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<br />200700614 <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 permitted to be held by RESPA, Lender shall <br />account to Borrower for the excess funds as required by RESPA. 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 permitted 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 installment 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. Immediately prior to <br />a foreclosure sale of the Property or its acquisition by Lender, Borrower I 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 insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, Hood and other hazard <br />insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of tile 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 requires. <br />Borrower shall also insure all improvements on tlle Property, whether now in existence or subsequently erected, against <br />loss by floods to the extent required by the Secretary. All insurance shall be carried with 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 tlle 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 autllorized 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 tlle insurance proceeds may <br />be applied by Lender, at its option, either (a) to the reduction of tlle indebtedness under the Note and this Security <br />Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or <br />(b) to the restoration or repair of the damaged Property. Any application of the proceeds to tlle principal shall not extend <br />or postpone the due date of tlle monthly 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 tlle Note <br />and tllis Security Instrument shall be paid to the entity legally entitled tllereto. <br />In the 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 tlle 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 within sixty days <br />after the execution of tllis Security Instrument (or within sixty days of a later sale or transfer of tile 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 determines that 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 the Property or allow the Property to deteriorate, <br />reasonable wear and tear excepted. Lender may inspect the Property if tlle 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 />Initials: 4 ~ <br /> <br />~.~. <br />;C.IS. <br />