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201008427 <br />Lender 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 may requi�e for Borrower's escrow account under the federal Real Estate <br />Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), <br />unless another Applicable Law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, <br />collect and hold Funds in an amount not to exceed the lesser amount. I.cnder may estimate the amount of Funds <br />due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in <br />accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is such an institution) or in any Pederal Home Loan Bank. Lender shall apply the <br />Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or verifying the Escrow Items, unless I�nder pays Borrower interest on the Funds <br />and Applicable Law permits Lender to make such a charge. However, Lender may require Borrower ta pay a one- <br />time charge for an independent real estate tax reporting service used by Lender in conzaection with this loan, unless <br />Applicable Law provides otherwise. Un.less 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 an the Funds. Borrower and Lender may <br />agxee in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, <br />an annual accounting of tk�e Funds, showing credits and debits to the Funds and the purposa for which each debit to <br />the Funds was made. The Funds are pledged as additional security for all sums secured by this Securiry Instrument. <br />If the Funds held by L,ender exceed th� amounts permitted to be held by Applicable Law, Lender shall account to <br />Borrower for the excess Funds in accordance with the requirements of Applicable Law. If the amount of the Funds <br />held by Lender at any time is not sufficient to pay the Escrow Items when dua, Lender may so notify Borrower in <br />writing, and, in such case Borrower shall pay to Lender the amount necessary to make 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 all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If, under the section titled Acceleration; Remedies, I.ender shall acquire or sell the <br />Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by I.ender at the time <br />of acquisition or sale as a credit against the sunns secured by the Security Instiument. <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, ta amounts payable under the section titled <br />Funds far 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 taaces, assessments, charges, fines and impositions attnibutable to the <br />Property which may attain priority over th'is Security Instrument, and leasehold payznents or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided in section titled Funds for Taxes and Insarance, or <br />if not paid in that manner, Borrower shall pay them on time directly to the person owed payrnent. At the request of <br />Lender, Borrower shall promptly fiu�nish to Lender receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instivment unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Leander; (b) <br />cont�sts in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the <br />Lender's opinion operate to preven.t the enforcement af the lien; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating tlae lien to this 5ecurity Instrument. If Lender deternunes that any <br />part of the Property is subject to a lien which may attain priority aver this Security Instrument, I.ender may giv� <br />Borrower a notice identifying the lien. Borrower shall satisfy the lien. or take one or more af the actions set forth <br />above within 10 days of the giving of notic�. <br />Hazard or Property Insurance. 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 coverage" and any ather hazards, <br />including �loods or flooding, for which Lender requires insurance. This ixzsurance shall be maintained in the <br />amounts and for the peariods that Lender requires. The insurance carrier providing the insurance shall be chosen by <br />Bonower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails ta 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 Proteetion of Lender's Rights in the Property. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires, $orrower shall promptly give to <br />Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice <br />to the insurance carrier and Lender. Lender nnay make proof of lass if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds sha11 be applied to restoratian or <br />repair of the Properiy damaged, if the restoration or repair is economically feasible at�d I..ender's security is not <br />lessened. If the restoration ar repair is not economically feasible or I.ender's security would be lessened, the <br />insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />any excess paid to Borrower. If Borrower abandons the Property, or does not answer within the number of days <br />prescribed by Applicable Law as set forth in a notice fram Lender to Borrower that the insurance carrier has <br />offered ta settle a claim, then I.ender may collect the insurance proceeds. Lendar may use the proceeds to repair or <br />restore the Property or to pay sums 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 />¢2 2004-2009 Compliancc Systcros, Inc. 002b-C3EA - 2009.12368 <br />Consumer Rcal Estate - Seeurity lnstnunen[ DL2036 Page 2 of 6 www.eompliancesys[ems.com <br />� <br />