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2olooso2� <br />BORROWER COVENANTS that Borrower is lawfully sei�ed of the estate hereby canveyed and <br />has the right to grant and convey the Property and that the Property is unencumbered, except for <br />encumbrances of record. Borrower warrants and will defend generally the title to the Aroperty against all <br />claims and demands, subject to any encumbrances of record. <br />THIS SECURiTY INSTRUMBNT combines uniform covenants for national use and non-uniform <br />covenants with limited variations by jurisdiction to canstitute a uniform security instrument covering real <br />property. <br />Borrawer and Lender covenant and agree as follows: <br />UNIFORM COVENANTS. <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, <br />and interest on, the debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, lnsurance, and Other Charges. Borrower shall include in each <br />monthly payment, togethar with the principal and interest as set forth in the Note and any late charges, a sum <br />for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or <br />ground rents on the Property, and (c) premiums for insurance reyuired under Aaragraph 4. in any year in <br />which the Lender must pay a mort�age insurance premium to the Secretary of Housing and Urban <br />Development ("Secretary"), or in any year in which such premium would have been required if Lender still <br />held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual <br />mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a <br />martgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to <br />be deterrnined by the Secretary. �xcept for the monthly charge by the Secretary, thase items are called <br />"Escrow [tems" and the sums paid to Lender are called "Escrow Funds," <br />L�nder may, at any time, collect and hold amounts for Escrow Iterns in an aggregate amount not to <br />exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate <br />Settlement Procedures Act of 1974, 12 U.S.C. § 2601 et seq• and implementing regulations, 24 CFR Part <br />3500, as they may be amended from time ta time ("R�SPA"), except that the cushion or reserve permitted by <br />RESPA for unanticipaCed disbursements or disbursements before the Borrower's payments are available in <br />the account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender far Escrow [tems exceed the amounts permitted to be held by <br />RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of <br />funds hsld by I,ender at any time are not sufficient to pay the �scrow ltems when due, Lender may notify the <br />Borrower and require Borrower to make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by "this Security <br />Instrument. If Borrower tenders to I,ender the full payment of all such sums, Borrower's account shall be <br />credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance <br />premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly <br />refund any excess funds to Barrower, Immediately prior to a foreclasure sale of the Property or its <br />acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments <br />for items (a), (b), and (c). <br />3. Application of Payments. All payments under Faragraphs 1 and 2 shall be applied by Lender as <br />follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly <br />charge by the Secretary instead of the monthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and <br />oCher hazard insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal ofthe 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 <br />Property, whether now in existence or subsequentl� erected, apainst any hazards, casualties, and <br />cont�ngencies, including fire, for which Lender requires �nsurance. This insurance shall be maintained in the <br />amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the <br />Property, whether now in existence or subsequently erected, against loss by floods to the extent reyuired by <br />the Secretary. All insurance shall be carried with companies approved by Lender. The insurance pol►cies and <br />any renewals shall be held by �,ender and shall include loss payable clauses in favor of, and in a form <br />acceptable to, Lender. <br />ln the event of lass, Borrower shall give Lender immediate natice by mail. I,ender may make proof <br />of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and <br />directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All <br />or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the <br />indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order <br />in Paragraph 3, and then to prepayment of principal, or (b) to the restaratian or repair of the damaged <br />Property. Any application of the praceeds to the principal shall not extend or postpone the due date of the <br />monthly payments which are referred to in Aaragraph 2, or change the amount of such payments. Any excess <br />insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />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 Aroperty that <br />extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force <br />shall pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrawer's Loan <br />Application; Leaseholds. Borrower shall occupy, establish, and use the Aroperty as Borrower's principal <br />residence within sixty days after the execution af this Security Instrument (or within sixty days af a later sale <br />or transfer of the Aroperty) and shall continue to occupy the Property as Borrower's principal residence for at <br />least one year after the date of occupancy, unless Lender determines that requirement will cause undue <br />hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. <br />Borrower shall notify Lender of any extenuating circumscances. Borrower shall not commit waste or destroy, <br />damage ar substantially change the Property ar allow the Property to deteriorate, reasonable wear and tear <br />excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. <br />Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower <br />shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate <br />information or statements to Lender (or failed to provide Lender with any material informatian) in <br />connection with the laan evidenced by the Note, including, but not limited to, representations concerning <br />Barrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, <br />1b25G.CV (I I/D7) 9U4251 Page 2 of5 <br />� <br />�, � <br />GOTO(�012f65b) <br />