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201100699 <br />Lender may, at any time, collect and hold amounts for Escrow Ttems 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 I974, 12 U.S.C. Section 2601 et seq. and imptementing reguiations, 24 CFR Part 350U, as they may be <br />amended from time to time ("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 mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items 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 amounts 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 requ�re Borrower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additionaE security for all sums secured by this Security Instrument. If <br />Borrower tenders 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 mortgage insurance premium mstallment that Lender has <br />nat become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by T.ender, Borrower` s account shall be <br />credi#ed with any balance remaining for all installments for items (a), {b), and (c). <br />3. Application of Payments. All payments under paragraphs � and 2 shall be applied by Lender as follows: <br />First, to the mortgage msurance premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretary instead of the monthly morCgage insurance premium; <br />Second, to any ta�ces, spec�al assessments, leasehold payments or ground rents, and fire, flood and other hazard <br />insurance premiums, as reGuired; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late chazges due under the Note. <br />4. Fire, Flood and Other Hazard Insnrance. Borrower shall insure ali improvements on the Property, whether <br />now in existence or subsequently erected, against any hazards, casualties, and contmgencies, including fire, for which <br />Lender requires insura�ice. This insurance shall be maintained in the amounts and for the periods that Lender <br />requires. Borrower shall aiso insure all improvements on the Property, whether now in existence or subsequently <br />erected, against loss by floods to the extent requued by fhe Secretary. All insurance shall be cazried with companies <br />approved by Lender. The msurance policies and any renewats shall be held by Lender and sha(t include loss payable <br />clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not <br />made promptfy by Borrower. Each insurance company concerned is hereby author►zed and direc#ed to make payment <br />far such loss directly to Lender, instead of to Borrower and to Lender jointty. AI1 or any part of the insurance <br />proceeds may be applied by Lender, at its option, either (a) to the reduckion of the indebtedness under the Note and <br />this SecuriYy Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment <br />of principak, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the <br />principal shali 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 Borrawer in and to insurance policies in force shall pass to the <br />purchaser. <br />5. Occupancy, Yreservation, Maintenance and T'rotection of the Property; Barrower`s Loan Application; <br />Leaseholds. Borrower sha11 occupy, establish, and use the Property as Borrower` s princ�pal 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 Froperty as Borrower` s principal residence for at teast one year after the date of <br />occupancy, unless Lender determmes that requirement will cxuse undue hardship for Borrower, or unless extenuating <br />circutnstances exist which are beyond Borrower` s control. Borrower shall notify Lersder of any extenuating <br />circumstances. Borrower shali not commit waste or destroy, damage or substantially change the Property or allow the <br />Pronerty to deteriorate, reasonable wear and tear excepted. Lender may �nspect the Property if the Property is vacant <br />or abandoned or the loan is in default. Lender may take reasonable actFOn to protect and preserve such vacant or <br />2zooiossea � V�� <br />m�ua��F"' ' a' �'� . <br />VMPO-4NiNE) (o4071At Pap33 of 8 <br />