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<br />200808755 <br /> <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maximum amountthat may be requiredfor Borrower's escrow account under the RealEstateSettlementProceduresAct <br />of 1974, 12 US.C. Section 2601 et seq. and implementingregulations,24 CFR Part 3500, as they may be amended <br />from time to time (nRESP A"), except that the cushion or reserve permittedby RESP A for unanticipateddisbursements <br />or disbursementsbefore the Borrower's payments are available in the account may not be based on amounts due for the <br />mortgage insurance premium. <br />If the amounts held by Lenderfor Escrow Items exceed the amounts permittedto be held by RESP A, Lender shall <br />accountto Borrowerfor the excess funds as requiredby RESP A.lf the amounts of funds held by Lender at any time are <br />not sufficient to pay the Escrow Items when due, Lendermay notify the Borrower and require Borrower to make up the <br />shortage as permitted by RESP A. <br />The Escrow Funds are pledged as additional security for all sums securedby this Security Instrument.If Borrower <br />tendersto Lender the full payment of all such sums, Borrower's account shall be creditedwith the balanceremainingfor <br />all installment items (a), (b), and (c) and any mortgage insurance premium installmentthat Lender has not become <br />obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. I mmediatclyprior to <br />a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance <br />remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All paymentsunderparagraphs1 and 2 shall be appliedby Lenderas follows: <br />First to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretaryinsteadof the monthly mortgageinsurancepremium; <br />Second to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard <br />insurance premiums, as required; <br />Third to interest due under the Note; <br />Fourth to amortizationof the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4. Fire, .l<'lood and Other Hazard Insnrance. Borrower shall insure all improvements on the Property, whether <br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which <br />Lenderrequiresinsurance. This insurance shall be maintainedin the amounts and for the periods that Lender requires. <br />Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against <br />loss by floods to the extentrequiredby the Secretary. All insuranceshall be carriedwith companiesapprovedby Lender. <br />The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and <br />in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediatenotice by mail. Lender may make proof of loss if not <br />made promptly by Borrower. Eachinsurancecompany concerned is hereby authorizedand directedto make payment for <br />such loss directly to Lender,insteadof to Borrower and to Lenderjointly. All or any part of the insuranceproceedsmay <br />be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security <br />Instrument,first to any delinquent amounts applied in the order in paragraph3, and then to prepayment of principal, or <br />(b) to therestorationor repair of the damagedProperty.Any application of the proceedsto the principal shall not extend <br />or postpone the due date of the monthly payments which are referredto in paragraph2, or change the amount of such <br />payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note <br />and this Security Instrument shall be paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrumentor othertransferof title to the Propertythat extinguishes the <br />indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residencewithin sixty days <br />after the execution of this Security Instrument( or within sixty days of a later sale or transfer of the Property) and shall <br />continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, <br />unless Lender determinesthat requirementwill cause undue hardship for Borrower, or unless extenuatingcircumstances <br />exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower <br />shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, <br />reasonablewear and tear excepted. Lendermay inspect the Propertyif the Propertyis vacant or abandonedor the loan is <br />in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. 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