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2oo~u9so3 <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 rcquircd for Borrower's escrow accouTTt 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 the cushion or reserve permitted by RESPA for unanticipated disbursements <br />or disbursements before the Borrower's payments are available in the accomit may not be based on amounts due for the <br />mortgagc insurancc premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RISPA, Lender shall <br />account to Borrower for die excess funds as rcquircd by RESPA. If die amounts of funds held by Lender at any time are <br />not sufficient to pay the Escrow Items when due, Lender may notify die Borrower and require Borrower 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. If Borrower <br />tenders to Lender the full payment of all such sums, Borrower's account shall be credited wish the balance remaining far <br />all installment items (a), (b), and (c) and any mortgage insurancc prcinium installment that Lender has not become <br />obligated to pay to die Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to <br />a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited wide 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 mortgagc insurancc premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretary instead of the montllly mortgage insurance premium; <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 amortization of die principal of the Note; and <br />Fifth, to late charges due under the Nose. <br />4. Fire, Flood and Other Ilazard Insurance. Borrower shall insure all improvements on the Property, whether <br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including tire, for which <br />Lcndcr requires insurancc. 't'his insurance shall be maintained in 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 extent required by the Secretary. All insurance shall be carried with companies approved by bender. <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 lass, Borrower shall give bender immediate notice by mail. Lender may make proof of loss if not <br />made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for <br />such loss directly to Lcndcr, 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 tlic indebtedness under the Note and this Security <br />Instrument, Grst to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or <br />(b) to die restoration or repair of the dainagcd Property. Any application of the proceeds to the principal shall not extend <br />or postpone the due date of the monthly payments which are referred to in paragraph 2, 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 t7TCreto. <br />In die event of foreclosure of dais Security Instrument or odicr transfer of title to the Property drat extinguishes the <br />indebtedness, all right, tide and interest of Borrower in and to insurancc. policies in force shall pass to die purchaser. <br />S. occupancy, Pretiervation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use die 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 Bvrrower'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, or unless extenuating circumstances <br />exist which are beyond Borrower's control. Borrower shall notify Lcndcr of any extenuating circumstances. Borrower <br />shall not commit waste or destroy, damage or substantially change t1Te Property or allow the Property to deteriorate, <br />reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or die loan is <br />in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower <br />~`~W <br />IniTialsc ` <br />-4N(NE) (0407) Page3of8 <br />