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201005934 <br />Lender may, at any time, collect and hold amounts for )escrow Items in an aggregate amount not to exceed the maximum <br />amount that may be required for Botivwer's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 <br />U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR .Part 350D, as they may be amended front time to time <br />("RESPA"), except that the cushion or reserve permitted by RESPA far unanticipated disbursements or disbursements before <br />the Borrower's payments are available in the account tray not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall <br />account to Borrower Fvr the excess funds as required by 1tESPA. If the antaunts of funds held by Lender at any time are not <br />sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as <br />permitted by RESPA. <br />The Escrow Funds azc pledged as additional security for all sums secured by this Security Instrtment. If Borrower <br />tenders to Lender the fill payment. of all such sums, Borrower's account shall. be credited with the balance remainng for all. <br />installment items (a), (b), and (c) and any mortgage, insurance premium installment that Lender has not become obligated to <br />pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale <br />of the Property yr its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all <br />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 />Fist 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 />Thir,_,~ 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 Nvte- <br />4. Fire, Flond and Other Hazard Insurance. Borrower shall. insure a.ll improvements on the Property, wltetlter taw in <br />existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall <br />also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the <br />extent required by the Secretary. All insurance shall. be carried with. companies approved by Lender. The insurance policies <br />and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, <br />Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may rztake proof of loss if not made <br />promptly by Bprrnwer. Each insurance compa~ry concerned is hereby authorized and directed to n7Etke payment for such loss <br />directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by <br />Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any <br />delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair <br />of the damaged Property. Any application of the proceeds to the principal shall not. extend or postpone the due date of the <br />monthly payments which are referred to in paragraph 2, yr change the amount of such payments, Any excess .insurance <br />proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be <br />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, 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; Leaseholds. <br />Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution <br />of this Security Instnunent (or within. sixty days of a later sale or transfer of the Property) and shall continue to occupy the <br />Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender detetmirtes that <br />requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's <br />control. Borrower shall notify Lender of any extenuating circumstances. <br />FHA Deed of Tn~st-NE <br />VMP <br />Wolters Kluwer Fin®ncial Services <br />DDS-NE4 <br />yea <br />UMP4R(N~ (0909.00 <br />Page 5 oT 9 <br />~II~I~II~IIA1111 <br />