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<br />200705777 <br /> <br />Lender mllY, at any time, CQUec;t and hold amoUllts for Escrow Items In an aggregate llJnOWlt not to exceed the <br />maximwn amount that may be required for Borrower's esCroW account under the Real Estate Settlement Procedures <br />Act of 1974, 12 V.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500. as they may be <br />amended from time to time ("RESPA"). except that the cushJon Or reserve permitted by RESPA fOl' unanUcipated <br />disbursements Or disbursements before the Bonower's payments are available hI the account may nOI be based on <br />amounts due for the mortgage insurance premium. <br />If the amoUllts held by Lender for Escrow Items exceed the amounts perm1tted to be held by RESPA, Lender <br />shail account to Borrower for the excess funds as required by RESP A. If the amounts of funds held by Lender at any <br />tilDe are not sufficient to pay the Escrow Items when due, Lender may notiiy the Borrower and require Borrower to <br />make up the shol.tage as permitled by RESPA. <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 aU such SUInS, Borrower's account shall be credited With the balance <br />remaining for all installment Items (a), (b), and (c) and any mortgagc insurance premium installment that Lender has <br />not become obligated to pay to the Sacratat)', and Lender shall promptly refund any excess funds to Borrower. <br />Immediately prior to II foreclosure sale of the Property Or its acquisition by Lender, Borrower's accoWlt shall be <br />credited with any balance remaining for aIl1nstnUments for items (a), (b). and (c). <br />3. AppllcatiOll of Payment I. All payments lUlder paragraphs I Bnd 2 shall be applied by Lender as follows: <br />Ek:!!. to the mortgage Insurance premlum to be paid by Lender to the Secrelary or to tbe monthly charge by the <br />Secretary instead of the monthly mortgage insurance premium; <br />~, to any taxes. special assessment!J, leasehold paymenl.'J Or ~ound renl.'J, and fire, flood and other ha2:ard <br />in$u.rance premiums, as requin.d; <br />:rh1r1I., to Interest due Wider the Note; <br />~. to amorti2:lItion of the principal of the Note; and <br />tlftll.. to late cha.rges due under the Note. <br />4. Fire, Flood and Otbel" a~rd Insurance. Borrower shall insure all improvements on the Property, whether <br />now in existence or subsequendy erected. against any hazards, casualties, and contingencies. Including fire. for which <br />Lender requires insuranc;e. This Insurance shall be maintained in the amQunts and fOI' the periods that Lender <br />requires. Borrower shall also insure all tmprovemcnl.'J 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 poltcics 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 shan give Lender immediate notice by mail. Lender may make proof of loss if not <br />made pcompt!y 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 reductlon of the indel>tedness under the Note and <br />this Security Instrument, first to any delinquent amonnts applied in the order in paragraph 3, and then to prepayment <br />of principal, Or (b) to tl>e restoratiQn or repair of the damaged Property. Any application of the proceeds to the <br />principal shall not exlend Or postpone the due date of the monthly payments which are refereed to in paragraph 2, Or <br />change the amount of such payments. Any excess insurance proceeds ove~ an amount required to pay all outstanding <br />indebtedness Wlder the Note and tllb Securtty Instmment shall be paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or othee lr'IDSfer of title to the l'roperty that extinguishes <br />the indebtedness. all rJght, title and interest of Borrower in and to Insurance policies tn force shall pass to the <br />purchaser . <br />S. Occupancy, Pres....Vation. Maintetlll.Ilce B.Q.d P:rotegtion of the Property; BorrowClT's Loan Appli_tion. <br />Lca5<lholdll. Borrower shall occupy. establish, and use the Property as Borrower's principal reSidence Within sixty <br />days after the execution of thls Security Instrument (or within sbl:ty days of a latel' sale Or transfer of the Property) <br />and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of <br />occupancy, unless Lender determines that requirement will cause Ulldue hardship for Borrower, Or unless extenuating <br />circ1!mstances exist which are beyond Borrower's control. BOl'rower shall notify Lender of any extenualing <br />circumstances. Borrower shall not c;ommit waste or destroy, damage or sUbstantially change the Properly or allow the <br />Property to deteriorate, reasonable wear and tear excepted. Lender may Inspect the Property if the Property Is vacant <br />., .........d 0< .h. l~ .. '0 d.....". Lood.. ~y hoke <_..bl. 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