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<br />200702912 <br /> <br />DOC ID #: 00016552167503007 <br />Borrower to the repayment of the Periodic Payments if, and to the extent that. ClIch paYlIll.'nt can lx: paid in <br />fulL To the extent that any excess exists after the payment is applied to the full payment of one or more <br />Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be <br />applied first to any prepayment charges and then as descril:x:d in the Nole. <br />Any application of payments. insW'llIlce proceeds, or Miscellaneous Proceeds to principal due under the <br />Nole shall nol el\1end or postpone the due date, or change the amounl, of Ihe Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under <br />Ihe Nole, until the Note is paid in full, a sUIll (the "Funds") to provide tbr paymenl of amounts due tbr: (a) <br />laxes and assessments and other items which can attain priority over this Security Instrument as a lien or <br />encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums <br />for any and all insuran"", required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or <br />any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in <br />accordance with the provisions of Section 10. These items are called "Escrow Items_" At origination or at any <br />time during the term of the Loan. Lender may require that Commlmity Asoociation Dues. Fees, and <br />Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shalllx: an Escrow Item. <br />Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall <br />pay Lendcr the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds jbr any <br />or all Escrow Hems. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow <br />Hems al any time. Any aucll waiver lJIay only be in writing. In the event of such waiver, Borrower shall pay <br />directly, when and where payable, the amounts due tbr any Escrow Items tbr which payment of f'unds haa <br />been waived by Lender and, if Lender requires, ahall jurnish to Lender receipls evidencing such paymenl <br />within auch time period as L~"llder may require_ Borrowe!'s obligation to make such payments and to providc <br />receipts shall for all purposes be deemed to be a covenant and agre<llllent contained in this Security <br />Inslrumllnt, as the phrase "covenant and agreement" is used in Sootion 9. If Borrower is obligatoo to pay <br />Escrow Items directly, pursuant to a waiver, and Borrower tails to pay the amount due tbr an Escrow Item, <br />Lender I118Y exercise its rights under Section 9 and pay such amount and Borrower shall tluln be obligated <br />under Section 9 to repay to Lllnder any sooh amount. Lender tUay revoke the waiver as to any or all Escrow <br />Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall <br />pay to Lender all Funds, and in such amounts, thaI are lhen required under thia Section 3_ <br />Lcndcr may, at any time, collecl and hold Funda in an amount (a) suflicient to pennit Lendcr to apply the <br />Funds at the time apecitied under RESPA, and (b) not to exceed the llIIIximum alJlount a lender can require <br />under RESP A. .Lendcr shall estimate the amount of :Fwlds due on the basis of current data and reasonablc <br />estimatea of expenditures of future Escrow Items or otherwise in accordance wilh Applicable Law. <br />The Funds shall be held in an inslinnion whose deposits are insured by a federal agency, instrumentality, <br />or entity (including Lender, if Lender ia an institution whose deposits are so insured) or in any Federal Home <br />Loan Bank. Lender ahall apply the Funds to pay the EacTOw Items no later than the time specified under <br />RESPA. Lender shall not charge BorroW\:f for holding and applying the Funds, annually analyzing the escrow <br />account, or verifying the Escrow Items, unless Lender pays Borrower interest On the Funds and Applicable <br />Law permits Lender to make such a charge. Unless an agreemelll is made in writing or Applicable Law <br />requires interest to be paid on the Funds, (,ender shall mlt be required to pay Borrower any intereat or earnings <br />On the Funds. Borrower and [,ender can agree in writing, however, that interest shall lx: paid on the Funds_ <br />Lender shall give to Borrower, without charge, an annual accounting ofthe Funds as required by RESPA. <br />If there is a b'Urplus of Fnnds held in escrow, as defined under RESPA, Lender shall acconnt to Borrower <br />tor the excess ftmds in accordance with Rl\SPA. If there is a shorlage of Funds held in escrow, as ddJned <br />under RESPA, Lender shall noti(v Borrower as required by RESPA, and Borrower shall pay to Lender the <br />amOlmt necessary to make np the shortage in accordance with RESPA, but in no more than 12 monthly <br />payments. If there is a deficiency of Funds held in eacrow, lIS defined under RESP A, Lender shall notify <br />Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the <br />detJciency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full of all sums secured by this Security Il1lllrument, Lender shall promptly refund to <br />Borrower any Funds held by Lender. <br />4. Charges; liens. Borrower shall pay all taxes, assessments, charges, fi nes, and impositions attributable <br />to the Property which can allain priority owr this Security Instrument, leasehold paym.ents or ground rents 011 <br />the Property, if any, and Commlmity Association Dues, Fees, and Assessments, if any, To the extent that these <br />items are Escrow Items, B01TOwer shall pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless <br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceplable to <br />Lellder, but only so 10llg as Borrower is pertbnnillg such agreement; (b) contests the lien in good faith by, or <br />defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the <br />enforcement of the lien while those proceedings are pending, but only until such p(QCl;cdings are CQocluded; <br />or (c) secures from the holder of the lien an agreement satib1'actory to Lcnder subordinating the lien to this <br />Security Instrument. If Lender determines that any part of the Property is subject 10 a lien which can attain <br />priority over this Security Instrument, l,ender may give Borrower a notice idcntifying the lien. Within 10 days <br />of the date on which that notice is given, Borrower shall satisty thc lien or take one or more of the actions set <br />forth abovc in this Section 4. <br />Lender may rcquire Borrower to pay a one-time charge for a real estate tax veritication and/or reporting <br />service used by Lender in connection with this Loan. <br /> <br />'Sl-6A(NE) (04l(7) <br /> <br />CHI.. (0Mlll1 <br /> <br />Page4of11 <br /> <br />Form 3028 1101 <br />