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<br />200709024 <br /> <br />premiums, if any, or any sums payahle by Borrower to Lender in lieu of the payment of Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow <br />Items." At origination or at any time during the term of the Loan, Lender may require that Community <br />Association Dues, Fees, and Assessments, if any, be escrowed hy Borrower, amI such dues, fees and <br />assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to <br />be paid under this Section. Borrower shall pay Lender the Funds t()r Escrow Items unless Lender waives <br />Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be <br />in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts <br />due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, <br />shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. <br />Borrower's ohligation to rnake such payments and to provide receipts shall for all purposes be deemed to <br />he a covenant and agreement contained in this Security lnstnunent, as the phrase "covenant and agreement" <br />is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and <br />Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 <br />and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such <br />amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in <br />accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in <br />such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can <br />require ullder RESP A. Lender shall estimate the amount of Funds due on the basis of current data aud <br />reasonahle estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable <br />Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in <br />any Federal Hcnne Loan BaltlC Lender shall apply the Funds to pay the Escrow Items no later than the time <br />specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, anIlually <br />analyzing the escrow account, or verifying the Escrow Items, mtless Lender pays Borrower interest on the <br />Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing <br />or Applicable Law requires interest to be paid on the Funds, Lender shall not he required to pay Borrower <br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest <br />shall be paid on the Funds. Lender shall give to Borrower, without charge, an arlllual accounting of the <br />Funds as required by RESP A. <br />If there is a surplus of Funds held in escrow, as detined under RESPA, Lender shall account to <br />Borrower for the excess funds in accordance with R ESP A. If there is a shortage of Funds held in escrow, <br />as detined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to <br />Lender the amount necessary to make up the shortage in accordance with RESP A, hut in no more than 12 <br />monthly payments. If there is a deficiency of Funds held in escrow, as detined under RESPA, Lender shall <br />notify Borrower as required hy RESP A, and Borrower shall pay to Lender the amount necessary to make <br />up the deficiency in accordance with RESPA, hut in no more tllan 12 monthly payments. <br />Upon paynlent in full of all sums secured hy this Security Instrument, Lender shall promptly refund <br />to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions <br />attrihutable to tile Property which can attain priority over this Security Instrument, leasehold payments or <br />ground rents on the Property, ifany, and Community Association Dues, Fees, and Assessments, ifany. To <br />the extent that these items are Escrow Items, Borrower shall pay thenl in the manner provided in Section 3. <br /> <br />#t~ <br /> <br />. -6INE) 100051 <br />@ <br /> <br />Initii!lls:~ <br /> <br />Page 5 of 15 <br /> <br />Form 3028 1/01 <br />