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200909336 <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act <br />of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended <br />from time to time ("RESPA"), except that Y e cushion or reserve permitted by RES Abe bun ~ ou amounts due forethe <br />or disbursements before the Borrower's pa meats are available in the account may <br />mortgage insurance premium. ermitted to be held by RESPA, Lender shall <br />If the amounts held by Lender for Escrow Items exceed the amounts p <br />account to Borrower far the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are <br />not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Harrower to make up the <br />shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. I orrawer <br />tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for <br />all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become <br />obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Harrower. Immediately prior to <br />a foreclosure sale of the Property or its acquisition by Lender, Barrower'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 payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary ox to the monthly charge by the <br />Secretary instead of the monthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments ox ground rents, and fire, flood and other hazard <br />insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Nate. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements an the Property, whether <br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which <br />Lender requires insurance. This insurance shall be maintained in the amounts and fox 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 extent required by the Secretary. All insurance shall be carried with companies approved by Lender. <br />The insurance policies and any renewals shall be held by Lender and shall include lass payable clauses in favor of, and <br />in a form acceptable to, Lender. make roof of loss if not <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may p <br />made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for <br />such loss duecdy to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may <br />be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the a ° eat of thrimci alrtor <br />Instrument, first to any delinquent amounts applied in the order hcation of the ~ o eeds to the prin pal shat nvt extend <br />(b) to the restoration or repair of the damaged Property. Any app ~ p <br />or postpone the due date of the monthly payments which arc referred to inapaoutstand2uig u~d btgedness under the Note <br />payments. Any excess insurance proceeds over an amount required to pay <br />and this Security Instrument shall be paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the <br />indebtedness, all right, tide 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 Laan Application; <br />Leaseholds. Borrower shall, occupy, establish, and use the Property as Borrower's principal residence within 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 determines that requirement will cause undue hardship for Borrower, ox unless e~~cumstances~. Bor ower <br />exist which arc beyond Borrower's control. Borrower shall notify Lender of any extenuating <br />shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, <br />reasonable wear and tear ckeepeasonableeaction to pr feet and preservclsuch v scant or abandonednProperty. Bor~owcr <br />in default. Lender may to <br />Initials[ <br />-4N(I~tr~ (0407) Page 3 of e <br />