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20110303� <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 Rea1 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 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 />sha11 account to Bonower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any <br />time aze not sufficient to pay the Escrow Items when due, Lender ma.y notify the Borrower and require Bonower 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 />Bonower tenders to Lender the fu11 payment of a11 such sums, Bonower' s account sha11 be credited with the balance <br />remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has <br />not become obligated to pay to the Sectetary, and Lender shall promptly refund any excess funds to Bortower. <br />Immedia#ely prior to a foreclosure sale of the Property or its acquisition by Lender, Bonower's account sha11 be <br />credited with any balance r�aining for a11 installments for itexns (a), (b), and (c). <br />3. Application of Payments. All payments under pazagraphs 1 and 2 sha11 be applied by Lender as follows: <br />Firs to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretazy instead of the monthly mortgage insurance premium; <br />Secon to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard <br />insurance pramiums, as required; <br />Thir� to interest due under the Note; <br />Fourt to amortization of the principal of the Note; and <br />Fi to late charges due under the Note. <br />4. Fire, Flood and Other Hazard Insnrance. Bonower shall insure all improveinents on the Property, whether <br />now in existence or subsequently erected, against any hazazds, casualties, and contingencies, including fire, for which <br />Lender requires insurance. This insurance sha11 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 Lender and sha11 include loss payable <br />clauses in favor o� and in a form acceptable to, Lender. <br />In the event of loss, Bonower shail give Lender imnnediate notice by mai1. 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 Lender, instead of to Bonower 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 axnounts applied in the order in paragraph 3, and then to prepayment <br />of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the <br />principal sha11 not e�ctend or postpone the due date of the monthly payments wluch are referred to in paragraph 2, or <br />change the amount of such payments. Any excess insurance proceeds over an amount required to pay al1 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 Sectuity Instrument or other transfer of title to the Property t1�at extinguishes <br />the indebtedness, all right, title and interest of Borrower in and to insurance policies in force sha11 pass to the <br />pwchaser. <br />5. Occupancy, Pteservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leasehoids. Bonower sha11 occupy, establish, and use the Property as Borrower's principal residence within sixty <br />da.ys after the execution of this Security Instrument (or within sixty da.ys of a later sale or transfer of the Property) <br />and sha11 continue to occupy the Properiy as �rrower' 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 extenualing <br />circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or a11ow the <br />Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Properiy is vacant <br />or abandoned or the loan is in default. Lender ma.y take re.asonable action to protect and preserve such vacant or <br />22ooi2za3o varn� <br />i��ue�$ <br />VMP�-4N(NE)1oao7).ot Pege 3 ot B <br />