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201008284 <br />Lendcr may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a <br />federally related mortgage loan rnay require for Sorrower's escrow account under the federal Real Estate <br />Settlernent Proeedures Act of 1974 as amended from time to time, 12 U.S.C. Sectian 2601 et seq. ("RESPA"), <br />unless another Applicable Law that applies to the Funds sets a lesser amaunt. If so, Lender rnay, at any time, <br />collect and hold Funds in an amount not to exceed the lesser amount. Lender may estirnate the amount of Funds <br />due on the basis of current data and reasonable estimates of expenditures of future Escrow Items ar otherwise in <br />accordance with Applicable Law. <br />The Funds shall be held.in an institution whose deposits are insured by a federal agancy, instrumentality, or entity <br />(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the <br />Funds ta pay the Escrow Items. Lender rnay not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or varifying the Escrow Items, unless Lender pays Borrower interest on the Funds <br />and Applicable Law permits Lender to make such a charge. However, Lender may require Barrawer to pay a one- <br />time charge for an independent real estate tax reporting service used by I�ender in connection with this loan, unless <br />Applicable Law provides otherwise. Unless an agreement is made or Applicable Law requires interest to be paid, <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may <br />agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, <br />an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to <br />the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. <br />If the Funds held by Lender exceed the amounts permitted ta be held by Applicable Law, Lender shall account to <br />Borrpwer far the excess Funds in accordance with the requirements of Applicable Law. If the ampunt of the Funds <br />_. <br />held by i:ender at axry time - is not auf�icient to pay t�ie Sscrow Items when due, Lender may so notify Borrower in <br />writing, and, in such case Borrower shall pay to Lender the amount necessary to mak�, up the deficiency. Borrower <br />shall make up the deficiency in no more than twelve monthly payments, at L.ender's sole discretion. <br />Upon payment in full of al1 sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If, under the sectian titled Aceeleration; Remedies, Lender sha11 acquire or sell the <br />Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time <br />of acquisition or sale as a credit against the sums secured by the Security Instrument. <br />Application of Payments. Unless Applicable Law provides otherwise, all payments received by Lender shall be <br />applied: first, to any prepayment charges due under the Note; second, to amounts payable under the section titled <br />Funds for Taxes and insurance; third, to interest due; fourth, to principal due; and last, to any late charges due <br />under the Note. <br />Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the <br />Property which may attain priority over this Security Instrument, and leasehold payrnents or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided in section titled Funds for Taxes and insurance, ar <br />if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. At the request of <br />I,ender, f3orrower shall promptly furnish to Lendar receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrurnent unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner aoceptable to Lender; (b) <br />contests in good faith the lien by, or defends against enforcement af the lien in, legal proceedings which in the <br />Lender's opinion operate to prevent the enforcement oE the lien; or (c) secures from the holder of the lien an <br />agreernent satisfactory to Lender subordinating the lien to this Security Instrument. If Lender deterrnines that any <br />part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />Borrower a notice identifying the lien. Borrower shall satisty the lien or take one or more of the actions set forth <br />above within 10 days of the giving of notice. <br />Hazard or Property Insur$nce. Borrower shall keep the improvements now existing or hereafter erected on the <br />Property insured against loss by fire, hazards included within the term "extended covera�e" and any other hazards, <br />including t]oods or flooding, for which Lender requires insuranca. This insurence shall be rnaintained in the <br />amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by <br />Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain <br />coverage described above, I.�ender may, at Lender's option, obtain coverage to protect Lender's rights in the <br />Property in accordance with section titled Protection of Lender's Rights in the Property. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard martgage clause. <br />Lender shall have the right to hold the palicies and renewals. If Lender requires, Borrower shall promptly give to <br />Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrowar sha11 �ive prornpt notice <br />ta the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not <br />lessened. Tf the restaration or repair is not economically feasible or Lender's security would be lessened, the <br />insurance proceeds shall be applied to the sums secured by this Security Instrument, whether nr not then due, with <br />any excess paid ta Borrowar. If Borrower abandons the Property, or does not answer within the number of days <br />prescribed by Applicable I,aw as set forth in a natice from Lender ta Borrower that the insurance carrier has <br />offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or <br />restore the Property or to pay surns secured by this Security Instrument, whether or not then due. The period of <br />time for Borrower to answer as set forth in the notice will begin when the notice is given. <br />a� 2004-2009 Campliancc Systcros, Inc. 002D-4E50 - 2009.12368 <br />Consumtr Real Estu}e - Securily Instrumnnt AL2036 Page 2 nF 6 uryvw.complia¢ccsystmu.com <br />