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2oioos531 <br />Lender may, at any time, collect and hold amounts for Escrow Iterns in an aggregate amount not to exceed the <br />maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures <br />Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulatians, 24 CFR Part 3500, as they may be <br />amended from time to tirne ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated <br />disbursements or disbursements before the Borrower's payments are available in the account may not be based on <br />amounts due for the mo�tgage insurance premium. <br />If the amounts held by Lender for Escrow Iterns exceed the amounts permitted to be held by RESPA, Lender <br />shall account to Borrower for the excess funds as required by RESPA. If the arnounts of funds held by Lender at any <br />time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Barrower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If <br />Borrower tenc�ers to Lender the full payment of all such sums, Borrower's account shall be credited with the balance <br />remaining for all installment items (a), (b), and (c) and any rnortgage insurance premiurn installrnent that Lender has <br />not becorne obligated to pay to the Secretary, and I.ender shall promptly refund any excess funds to Borrower. <br />Immediately prior to a foreclosure sale of the Property ar its acquisition by Lender, Borrower's account sha11 be <br />credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by L,Qnder as follows: <br />First, to the mortgage insurance prerniurn to be paid by Lender to the Secretary or to the rnonthly charge by the <br />Secretary instead of the monthly mortgage insurance prernium; <br />Second, ta any taxes, special assessments, leasehold payments or ground rents, and �re, flood and other hazaxd <br />insurance premiums, as required; <br />Third to inter�st due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Pifth, to late charges due under the Note. <br />4. Ffre, Flood and Other Hazard Insurance. Barrawer sha11 insure all innprovements on the Property, whether <br />now in existence ar subsequently erected, against any hazards, casualties, and contingencies, including �re, for which <br />Lender requires insurance. This insurance shall be maintained in the arnounts and for the periods that Lender <br />requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently <br />erected, against loss by floods to the extent required by the Secretary. All insurance sha11 be carried with companies <br />approved by Lender. The insurance policies and any renewals sha11 be held by Lender and shall include lass payable <br />clauses in favor af, and in a form acceptable to, L.ender. <br />In the event of loss, Barrawer shall give Lendsr immediate notice by mail. Lender may make proof of loss if not <br />made promptly by Borrowex. Each insurance company concerned is hereby authorized and directed to rnake payrnent <br />for such loss directly to L.ender, insCead of to Sorrower and to Lender jointly. All or any part of the insurance <br />proceeds may be applied by L,Qnder, at its option, either (a) to the reduction of the indebtedness under the Note and <br />this Security Instrurnent, first to any delinquent amounts applied in the order in paragraph 3, and th.en to prepayment <br />of principal, or (b) to the restoration or repair af 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 payments. 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 Barrower in and to insurance policies in force sha11 pass ta the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Frotection of the Property; Borrower's I.aan Application; <br />Leaseholds. Borrovver shall occupy, establish, and use the Property as Borrower'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 Borrower'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 />circumstances exist which are be ond Borrower's control. Borrower shall noti Lender of an extenuatin <br />FHA peed of 7rusANE 4/96 <br />VMP � A2 �� VMPARINEI (0809) <br />Wolters Kluwer Financial SerWces V� Page 3 of 9 <br /><�' � t1 �p r� � / r <br />. q , \ <br />