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<br />200807776 <br /> <br />this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to <br />apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a <br />lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current <br />data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with <br />Applicable 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 <br />in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the <br />time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, <br />annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower <br />interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is <br />made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be <br />required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in <br />writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without <br />charge, an annual accounting of the Funds as required by RESP A. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to <br />Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in <br />escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower <br />shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no <br />more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under <br />RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the <br />amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 <br />monthly payments. <br />Upon payment in full of all sums secured by 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, fines, and impositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments <br />or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if <br />any. <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 <br />acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien <br />in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's <br />opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only <br />until such proceedings are concluded; or (c) secures from the holder of the lien an agreement <br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any <br />part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender <br />may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is <br />given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. <br />Lender may require Borrower to pay a one-time charge for real estate tax verification and/or <br />reporting service used by Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter <br />erected on the Property insured against loss by fire, hazards included within the term "extended <br />coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender <br />requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and <br />for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can <br />change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by <br />Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised <br />umeasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time <br />charge for flood zone determination, certification and tracking services; or (b) a one-time charge for <br />flood zone determination and certification services and subsequent charges each time remappings or <br />similar changes occur which reasonably might affect such determination or certification. Borrower shall <br />also be responsible for the payment of any fees imposed by the Federal Emergency Management <br />Agency in connection with the review of any flood zone determination resulting from an objection by <br />Borrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance <br />coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any <br />particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might <br />not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, <br />hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower <br /> <br />Poge 4 of 12 <br /> <br />NE-7040-0708 <br /> <br />~--,.. <br />