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<br />200707405 <br /> <br />Oliglllatioll or at any time during the term of the Loan, Lender may require tbat Community AssoeiatiOIl Dues, Fees, and <br />Assessments, if any, be escrowed by BOITower, and such dues, fecs alld assessments shall be an Escrow Item. Borrower shelll <br />promptly hlmish to Lender all notices of amounts to be paid under tbis Sectioll. Borrower shall pay Lender the Funds t()I" <br />Lerow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender Illay waive <br />130rrower's obligation to pay to Lender Funds for any 01 all Escrow Items at any time. Any sueli waiver m,IY only be in <br />writing. In the event of such waiver, Boml\ver shall pay directly, whcn and whcre payablc, the arllounts due le)r any Escrow <br />it,:nls le)r wllieh pilYlllent of Funds bas becn waived by Lender and, if Lcndn requires, shall furnish to Lender rccelpts <br />cvidencing such pilyment within such time period as Lender may require, Borrower's obligation to make sllell pilYlllellts ellld <br />to prOVide reeeipts shall tcn all purposes be deemed to be a covenant and agreernent containcd in this Security Instrumellt, as <br />the phrase "covenant and agrecment" is uscd ill Section 9. If Bon'ower is obligated to pay Escrow Items directly, pursuant. to <br />a waiver, and Borrower bils to pay the amount due fell' an Escrow lterll, Lender lllay exercise its rights under Section l) ,llId <br />p;IY such ,llllounl and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Len(kr Illay <br />revoke the waiver as to any or all Escrow Items at any time by a notiee given ill accordanu; with Section 15 and, upon such <br />revoeatioll, Borrower sll,lll pay to Lender all Funds, and in such amounts, that are thcn required under this Section 3, <br />LeliLkr may, at any time, collect and hold Funds in an amount (a) sufficient to pellllit Lellder to apply the Funds at <br />the tirnc specified under RESPA, and (b) not to exceed the maximum amount a lender can require undn RESPA. Lender <br />sha II estimate the amount of Funds due on thc basis of current data and reasonable estimates of expenditures of future Escrow <br />Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits arc insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or iu any Federal Home Loan Bank. Lender <br />Sll,dl dPply till' Funds to pay the Escrow Items no later tban the time specified under RESPA. Lender shall not charge <br />Borrower lor holding and applying the Funds, annually analyzing the escrow account, or vt;rifying the Escrow Items, unless <br />Ll:nder pays Borrower interest on the Punds and Applicablc Law permits Lender to make such a charge. Unkss ,III <br />agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to PdY <br />Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that inten.:st sh,1I1 he <br />p,lid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP,.\, <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower f(.lr the <br />excess funds in accordance with RESP A. If there is a shortage of Funds beld in escrow, as defined under I{ESPA. Lender <br />Sll,dl Ilotily BorI'Uwer as rcquired by RESPA, and Borrower shall pay to Lender the aJnount necessary to m,lke up the <br />slwrulge in accordance withRESP A, but in no more tban 12 monthly payments. If there is a deficiency of Funds held in <br />escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the <br />arnount necessary to make up the deficiency in accordance with RESP A, but in no more thanl2 monthly payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall prOlnptly rcflllld to Borrower <illY <br />Funds Ilekl by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and irnpositions attributablc to the <br />I'roJlCit)' which Cdn attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if ;IIIY, <br />and Conununity Association Dues, Fees, and Assessments, if any. '1'0 the extent that tbese itenls arc EscI'UW !terns, BonolVer <br />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 Borrower: (,I) <br />agrees in writing to tbe payment oftbe obligation secured by tbe lien in a manner acceptable to Lender, but only so long as <br />Borrower is perteJrlnillg such agrecment; (b) contests tbe lien in good Elith by, or defends ag;linst enforecrnent offhe hen in, <br />kgal plOceedings which in Lender's opinion operate to prevent the enf()l'cernent of the lien while those proeeedlllgs arc <br />IKlldIIIL~. but only \Illtil such proceedings are concluded; or (c) secures ti'OIll thc holder ofthc lien an agrcelllent satisbletory to <br />L,Tldl'l suhordin:itillg the lien to this Security lnstrurnent. If Lcnder detennines that any part of the Property is subjeet to a <br />liell which can attain priority over this Security Instrument, Lender lTlay give Borrower it notice identifying the lien. Within <br />I () days of the date on which that notice is given, BOrTowcr shall satisfy the lien or take one or more of the actions set jrnth <br />above in this Section 4. <br /> <br />Loan No: 127317292 <br /> <br />Initials: <br /> <br />\.,III'",\;a Deed uf Trll,t-Sil1f~l~ Family-Fannie M>I,,/Fn'ddi,' M.>lr UNIFORM INSTlHIM.ENT <br />'1'111.: (:OI\II'U,\I\CE S<HII((;", INC.- Pag" 5 of 13 <br /> <br />1 111I11 111I1 III!I 1/1/1 11111 11111 111111111I IIIII!III IIII! 11111 IIII!I III <br /> <br />\"':1'.11'. [olnpliaIlCt;:.\()lIlL:L:.(:<Hll <br /> <br />M.ERS 'Vlotlilh,d FurIll3112,~ 111/111 <br />]~JOli\'F (HUOII <br />,nl(J(J(), Thl' ("\I'llpJi~IIIL"l' ,-)(\III'L:L" J]II" <br />