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2oioo�s2� <br />Lender may, at any tirne, collect and hold amounts for Escrow Items in an aggregate amount not Co exceed the <br />maximurn amount Chat may he required for Borrawer's escrow account under the Real Estate Settlement Procedures <br />Act of 1974, 12 U.B. C. Section 2601 et .seq. and implementing regulations, 24 CFR Part 3500, as they xnay be <br />amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated <br />disbursements or disbursements befare the Borrower's payments are available in the account may not b� based on <br />amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be hald by RESPA, Lender <br />shall accaunt Co 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 Borrawer and require Borrower to <br />make up the shortage as permitted by RESPA. <br />'1'he Escrow Funds are pled�ed as additional security for all sums secured by thiti Security Instrument. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower' s account shall be credated with the balance <br />remaining for al] installment iterns (a), (b), and (c) and any mortgage insurance premium instaliment that Lender has <br />not become obligated to pay tn the 5ecretary, and Lender shall promptly refund any excess funds to St�rrower. <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 installments for iterns (a), (b), and (c). <br />3. Application of Payments. All payxnents under paragraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the rnortgage insurance premium to be paid by Lender to the Secretary or to the rnqnthly 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 Note; <br />Fourth to amortization of the principal of the Note; and <br />�'ifth, ta late charges due under the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Prpperty, whether <br />now in existence or subsequently erected, against any hazards, casualtie5, and contingencies, including fire, far which <br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periads that Lender <br />requirea. Borrower shall also insure all improvements an the Property, whether now in existence or subsequently <br />erected, a�ainst loss by floods to the extent required by the Secretary. All insurance sha11 be carried wiCh companies <br />approved by Lender. The insurance policies and any renewals shall b� 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 immediate notice by mail. Lender may make proof of loss if not <br />made promptly by Borrower. Each insuxance company concerned is hereby authorized and directed to make payment <br />for such losa 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 amounta applied in the order in paragraph 3, and th�n to prepayment. <br />of principal, or (b) to the restoratian or 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 to in paragraph 2, or <br />change the amount of such payxnanta. 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 transfer of title to the Property that extinguishes <br />the indebtedness, all right, title and interest of Borrower in and to insurance policies in forc� shall pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower' s Loan Apptication; <br />Leaseholds. Borrower shall occupy, establish, and use the Property as $orrower' 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 Box 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 unless extenuating <br />circumstanccs exist which are be ond Borrower's control. Borrower shall noti Lender of an extenuatin <br />D451015175 <br />FHA �eed of Trusl-NE 4/86 <br />Woter�s Kluwer Finencial Services T� VMP4R( aga�3 9 <br />ll P <br />