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201005719 <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 <br />Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be <br />amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA far unanticipated <br />disbursements or disbursements before the Borrower's payments are available in the account may not be based an <br />amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Iterus exceed the amounts permitted to be held by RESPA, Lender <br />shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any <br />time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security far all sums secured by this Security Instrument. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance <br />remaining for all installment items (a), (b), and (c) anal any mortgage insurance premium installment that Lender has <br />not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Harrower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Harrawer's account shall be <br />credited with any balance remaining far all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under pazagraphs 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 or to the monthly charge by the <br />Secretary instead of the monthly 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 Nate; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether <br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, far which <br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender <br />requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently <br />erected, against loss by floods to the extent required by the Secretary. All 'insurance shall be carried with companies <br />approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable <br />clauses in favor of, and in a form acceptable to, Lender. <br />In the event of lass, Borrower shall give Lender immediate notice by mail. Lender may make proof of lossrf not <br />ruade promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment <br />far such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance <br />proceeds may be applied by Lender, at its option, either (a) to the reduction. of the indebtedness under the Note and <br />this Security Instrument, first to any delinquent amounts applied in the order iu paragraph 3, and then to prepayment <br />of principal, or (b) to the restoration ar repair of the damaged Property. Any application of the proceeds to the <br />principal shall not extend or postpone the due date of the monthly payments which are referred Ca in paragraph 2, or <br />change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding <br />indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. <br />Tn the event of foreclosure of this Security Instrument ar other transfer of title to the Property that extinguishes <br />the indebtedness, all right, title and interest of Harr~werrn and to insurance policies in farce shall pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Horrower shall occupy, establish, and use the Froperty as Borrower's principal residence within sixty <br />days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) <br />and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of <br />occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or uriless extenuating <br />circumstances exist which are beyond Horrower's control. Borrower shall notify Lender of any extenuating <br />circumstances. Borrower shall not commit waste ar destroy, damage or substantially change the Property or allow the <br />Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant <br />or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or <br />IIlllil'~III IIIIII Iii'IIII IIi'll I II III1 I ~III~ I III <br />i~n~ais: \ GV <br />VMP®-4N(NE) roao71.o1 rage 3 of a <br />