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201oo�3si <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maximum aznaunt that rnay be required for Sorrower's escrow account under the Real Estate Settlement Pracedures <br />Act of 1974, 12 U. S. C. Section 2601 et seg. and implementing regulations, 24 CFR Part 3500, as they may be <br />amended from time to tune ("RES�A" ), except that the cushion or reserve permitted by RESPA for unanticipated <br />disbursements or disbursements before the Horrower' s payments are available in the account xnay not be based on <br />amounts due far the mortgage insurance prernium. <br />If th� amounts held by Lender for Escrow Items excead the amounts permitted to be held by RESPA, Lender <br />sha11 account to Sorrower for the excess funds as required by RESPA. If the arnounts of funds held by Lender at any <br />time are not suff3cient to pay the Escrow Items when due, Lender may notify the Barrawer and require Bonower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security for a11 sums secured by this Security Instrument. If <br />Sorrower 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) and any mortgage insurance premium installment that Lender has <br />not becorne obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Horrower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be <br />credited with any balance remaining for all instaliments for items (a), (b), and (c). <br />3. Application of P�yments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the mort�age insurance premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretary instead of the xnanthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or grpund rents, and �re, flood and other hazard <br />insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amnrtization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4. Fire, Flood and Other Hazard Insuranee. Borrower shall insure all irnprovements on the Property, whether <br />now in exiscence or subsequently erected, against any hazards, casualties, and cantingencies, including fire, for 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 Prope�rty, whether now in exist�nce or subsequently <br />erected, against loss by floads 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 loss, Borrower shall give Lender irnmediate notice by mail. Lender may make proof of loss if not <br />made promptly by Borrower. Each insurance company conc�rned is hereby authorized and directed to mak� payrnent <br />for such loss directly to Lender, instead of to Sorrower 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 5ecurity Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment <br />of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the <br />principal shall not extend or post�aone the due date of the monthly payments which are referred to in paragraph 2, or <br />change the amount of such payment�s. 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 />In the event of foreclosure of this Security Instrument or other transf�r of title to the Property that extinguishes <br />the indebtedness, all right, title and interest of Borrower in and to insurance policies in farce shall pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Praperty; Sorrower' s Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use the Property 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 Horrawer's principal residance for at least one y�ar after the date of <br />occupancy, unless Lender determines that requirement will cause unduc hardship for Horrower, ar unless extenuating <br />circumstances exist which are be ond Borrower's control. Borrower shall noti Lender of an extenuatin <br />FHA De9d of Trust-NE o451012520 <br />4/96 <br />VMP4R(N� (0808) <br />VMP@ Pa e3of9 <br />Wolters Kluwer Financiel Services 9 <br />