|
20100848�
<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 requixe 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. ("RESFA"),
<br />unless another Applicable Law that applies to the Funds sets a lesser amount. If so, I.ender may, at any tinae,
<br />collect and hold Funds in an amount not to exceed the lesser annount. Lender 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 Federal Home I.oan 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, ar vcrifying the Escrow Items, unless Lender pays Borrower interest on the Funds
<br />and Applicable Law pernuts Lender to make such a charge. Hawever, Lender may require Borrower to pay a one-
<br />time charge for an independent real estate tax reporting service used by Lender 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 />I,ender 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 �'unds. Lender shall give to Sorrower, vc+ithout 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 Instn►ment.
<br />If the Funds held by Lender exceed the 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 due, Lender may so notify BotxDwer ul
<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 Lcnder's sole discretion.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall protnptly refi►nd to Borrower
<br />any Futxds held by Lender. If, under the section titled Acceleration; Remedfes, L,ender shall acquire or sell the
<br />Praperty, 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 Insur�nce; 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 impasitions attributable to the
<br />Property which may attain priarity over this Security Instrument, and leasehold payments or ground rents, if any.
<br />Borrawer shall pay these obligations in the manner provided in section titled Funds for Taxes and Insurance, or
<br />if not paid in that tnanner, Borrower shall pay them on time directly to the person owed paytzlent. At the request o£
<br />Lender, Barrower shall pramptly f�unish to Lender receipts evidencing the payznents.
<br />Borrower shall promptly discharge any lien which has priority over this Security Inst.�ument unless Borrower: (a)
<br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)
<br />contests in good faith tt��e lien by, or defends against enforcement of the lien in, legal proceediangs which in the
<br />Lender's opinian operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
<br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender deternvnes that any
<br />part of the Froperty is subject to a lien which may attain priority over this Security Instrumant, I.ender may give
<br />Borrower a notice identifying the lien. Bonower shall satisfy 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 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 other hazards,
<br />including floods or flaoding, for which Lender requires insurance. This insurance shall be maintained �in the
<br />amounts and for the periiods tiiat Leniier requires. TIie msurance`�a�`[er �SViding the shall b�ehosen by
<br />Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails ta maintain
<br />coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the
<br />Property in accordance with section titlad Protection 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 I.ender requires, Borrower shall prornptly give to
<br />Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt natice
<br />to the insurance carrier and Lendear. Lender may make proof of loss if nat made promptly by $orrower.
<br />Unless Lender and Borrower otherwise agree in writing, insuxanc� proceeds shall be applied to restoration or
<br />repair af the Property damaged, if the restoration or repair is econamically feasible and Lender's security is not
<br />lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
<br />in.surance proceeds shall be applied to the suxns secured by this Security Instrument, whether or not then due, with
<br />any excess paid to Borrawer. If Borrowez' abandons the Property, or does not answer within the nurnber of days
<br />prescribed by Applicable Law as set forth in a notice from Lender to Barrower 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 />restare the Property or to pay sums secured by this Security Instrument, whether or not then due. The period of
<br />time for Borrower ta answer as set forth in the notice will begin when the notice is given.
<br />� 2004-2009 Compliance Systems, Inc. 002D-8908 - 2009.12.368
<br />Consumer Real Estate - Securi[y Insteumart DL2036 Page 2 of 6 www.complienccsystans.eom
<br />
|