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201101404 <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 Bea1 Estate Settlement Procedures <br />Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24.CFR. Pa�rt 3500, as they may be <br />amended from time io time ("RESPA"), except that the cushiaa or reserve perz�itted iiy 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 moftgage insurance premium. - <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be hetd by RESPA, Lender <br />shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by T,ender at any <br />time aze not sufficient to pay the Escrow Items when due, Lender may noti,fy the Borrower and require Borrower to <br />make up the shortage as permiited by RESPA. <br />The Escrow Funds are �ledged as additional security for all sums secured by this Security [nstrument. If <br />Borrower tenders ta Lender the full payment of all such sums, Borrower's account shall be credited with the balance <br />remaining far all instaliment items (a), (b), as�d (c) and any mortgage insurance premium instaliment tltat Lender has <br />not become obligated to pay to the Secretary, and Lender shall prompdy refund any excess funds to Bonower. <br />Immediately prior to a foreelosure sale of the Property or its acquisition by Lender, Bonower's account shall be <br />credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. AppEication of Payments. All payments under paragraphs 1 and 2 shall be appiied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretary instead of the manthly mortgage insurance premium; <br />ec d, to any taxes, special assessments, leasehold payments or ground rents, and �re, flood and other hazard <br />insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fau , to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Mote. <br />4. Fire, Flood and �ther Hazard Insurance. Borrower• shall insure all improve�ments on the Properiy whether <br />now in existence or subsequently ere�ted, against any hazards, castxaliies, and contingencies, including �re, for which <br />Lender requires insurance. Ttcis insurance shall be maintained in the amounts azcd for the periods chat Lender <br />requires. Borrower shali also insure all improvements on the Property, whether now in existence or subsequendy <br />erected, against loss by floods to the exient required by the Sectetary. All insurance shall be carried with companies <br />approved by Lender. The insurance palicies and any renewals shall be held hy Lxnder and shall include loss payable <br />ciauses in favoz of, and in a form acceptable to, Lender. <br />ln the event of toss, Borrower shall give Lender immediate notic:e by mail. Lender may make proof of Ioss if not <br />made promptly by Borrower. Each insurance campany concerned is hereby authorized and direc[ed to make payment <br />for such loss directly to Lender, instead of ko Bonower and to Lender jointly. Ail or any part of the insurance <br />proceeds rnay be applied by Lender, at its option, eithet (a} to the reducfion a� the indebtedness under the Note aua <br />this Security Instrument, first to any deiinquent amounts applied in the order in pazagraph 3, and then to prepayment <br />of prineipal, or {b) to the restoration or repair of the damaged Property. Any application of the proceeds to tlte <br />principal shall not extend or postpone the dne date of the monthly payments which are referred to in paragraph 2, or <br />chauge ihe amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding <br />ic►debtedness under the Note and this Security Instru�ment shatl be paid to the entiry legally entitled thereta <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 Bonawer in and to insurance policies in force shall pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Apptication; <br />Leaseholds. Borrawer shalt accupy, establish, and use the Propezty as Borrower's ptincipal residence within sixty <br />days after the execution of this Security Insirumenc (or within sixty days of a later sale or uansfer 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 wiii eause unciue hardship for Borrower, or uniess extenuating <br />circwmstances exist which aze beyond Borrower's control. Borrower shall notify Lender of any extenuating <br />circumstances. Bonower shall not commit waste or destroy, damage or substantiatiy change the Property or allow the <br />Property ta deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant <br />or abandoned or the ]oan is in default. Lender may take reasonable action to protect and preserve such vacant or <br />� X1-01-000072 <br />. . . � . 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