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<br />200802749 <br /> <br />premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage <br />Insurance premiums in accordancc 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 by Borrower, and 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 for Escrow Items unless Lender waives <br />Borrowl:r's obligation to pay thl: Funds for any or all Escrow Items. L("'Ildl:r may waivl: 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 thl: l:Vl:Tlt of such waiVl:r, Bornlwl:r shall pay dirl:ctly, whl:n and whl:fl: payabk, thl: amounts <br />due for any Escrow Items for which payment of Funds has been waived by Lcnder and, if Lender requires, <br />shall furnish to Lender receipts evidencing such payment within such timl: period as Lender may require. <br />Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to <br />bl: a COVl:nant alld agrl:l:ml:nt eontainl:d in this Sl:curity Instrument, as the phrasl: "covl:nant and agrel:ml:nt" <br />is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and <br />Borrowl:r fails to pay thl: amount dUl: for an Escrow Item, Lender may l:xercisl: 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. Ll:ndl:r may rl:voh thl: waivl:r as to any or all Escrow Itcms at any timl: by a noticl: 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 thl:n rl:quired undl:r this Sl:dion 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 timl: specified undl:r RESPA, and (b) not to exeecd the maximum amount a lender can <br />rl:quirl: undl:r RESPA. Ll:nder shall estimatl: thl: amount of Funds dUl: on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicabk <br />Law. <br />The Funds shall be held in an institution whose deposits arc insured by a fl:dl:ral agl:ncy, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in <br />any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time <br />spccified under RESP A. Lendcr shall not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the <br />Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing <br />or Applicablc Law requires intl:rest to be paid on the Funds, Lender shall not be required to pay Borrower <br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, howl:ver, that interest <br />shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the <br />Funds as required by RESP A. <br />If there is a surplus of Funds hdd in l:scrow, as dl:finl:d undl:r RESPA, Lender shall account to <br />Borrower for thl: excess funds in accordance with RESPA. If there is a shortage of Funds hdd in escrow, <br />as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to <br />Ll:nder thl: amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 <br />monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall <br />notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make <br />up the deficiency in accordance with RESPA, but in no more than 12 monthly paymcnts. <br />Upon payment in full of all sums sl:cured by this Sl:curity Instruml:nt, Lender shall promptly refund <br />to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or <br />ground rents on thl: Property, ifany, and Community Association Dues, Fees, and Assessments, ifany. To <br />the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br /> <br />Pag85 of 15 <br /> <br />f/l,,,..~ <br /> <br />2002066148 <br /> <br />2002066148 <br /> <br />.-6A(NE) (0407).01 <br />@ <br /> <br />Fonn 3028 1/01 <br /> <br />60JOO~ <br /> <br />200206614R <br />