Laserfiche WebLink
2011014Q� <br />Lender may, at any time, collect and hold amounts for Escrow Items 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 regulations, 24 CFR Part 3500, 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 aze 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 pemutted to be held by RESPA, Lender <br />sha11 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 require Borrower to <br />make up the shortage as pernutted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If <br />$orrower 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 installment that L�nder has <br />not 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 Lender, Bonower's accou�t shall 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 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 monthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and oti�er hazard <br />insurance premiums, as required; <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 Insurance. Bonower shall insure all improvements on the Property, whether <br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which <br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender <br />requires. Bonower 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 shall be carried with companies <br />approved by Lender. The insurance policies and any renewals shall be held by L�nder and shall 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 promptly by Bonower. Each insurance company concerned is hereby authorized and directed to make payment <br />for such loss directly to L.ender, instead of to Borrower and to Lender jointly. All or any part of the insurance <br />proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and <br />this Security Instrument, first to any delinquent amounts applied in the order in pazagraph 3, and then to prepayment <br />of principal, or (b) to the restoration or repair of the damaged Property. Any application of tiie proce�ds to the <br />principal shall not extend or postpone the due date of the monthly payments which aze refened to in paragraph 2, or <br />change the amount of such payments. Any excess insurance proceeds over an amount required to pa� a3i o�tanding <br />indebtedness under the Note and this Security Instnunent shall be paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of tit1E to the Froperty #� extiaguishes <br />the indebtedness, all right, title and interest of Bonower in and to insurance policies in force shali pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan �pplication; <br />Leaseholds. Borrower sha11 occupy, establish, and use the Property as Bonower'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 Bonower's principal residence for at least one year after the date of <br />occupancy, unless Lender determines that requirement will cause undue hardship for Bonower, or unless extenuating <br />circumstances exist which are beyond Borrower's control. Borrower sha11 notify Lender of any extenuating <br />FHA Deed of Trust-NE <br />VMP Q <br />Wolters Kluwer Financial Services <br />4/96 <br />VMP4R(NE) (0809) <br />Page 3 of 9 <br />� '� . . ` i . -� . <br />