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�Q�iQ4�51 <br />I.ender 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 19'74, 12 U.S.C. Section 2601 et seq, and °unplementing 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 ate 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 Itams 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 aze not sufficient to pay the Escrow Items when due, Lender may notify the Bortower 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 />Borrower tenders to Lender the full payment of a11 such sums, Borrower's account shall be credited with the batance <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 Secretary, and I,ender 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 account shall be <br />credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Appiication of Payments. All payments under pazagraphs 1 and 2 shail be applied by L,ender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly chazge 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 other hazard <br />insurance premiums, as zequired; <br />Third, to interest due under the Note; <br />Fourth, to amortizarion of the principal of the Note; and <br />Fifth, to late chazges due under the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower 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 I.ender <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 axtent required by the Secretary. All insurance sha11 be carried with companies <br />approved by Lender. The insurance policies and any renewals shall be held by Lendar and shall include Ioss payable <br />clauses in favor of, and in a forxn acceptable to, L.ender. <br />In the event of loss, Bonower shall give Lendar immediate notice by mail. I.ender may make proof of loss if not <br />made promptly by Bonower. Each insurance company concemed 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 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 applicarion of the proceeds to the <br />principal shaU 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 sha11 be paid to the enrity legally entitled thereto. <br />In the evant of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes <br />the indebtedness, all right, ritle and interest of Borrower in and to insurance policies in force shall pass to the <br />purchaser. <br />5. Occupancy, Preservatiton, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Bonower shall occupy, establish, and use the Property as Borrower's principat residence within sixty <br />days after the execution of this Securiry Instrumtent (or within sixty days of a later sale or transfer of the Property) <br />and sha11 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 Borrower, or unless extenuating <br />circumstances exist which aze beyond Borrower's control Borrower shall noti Lender of anv extenuating <br />FNA Deed of Trust-NE <br />VMP � <br />Wolters Kluwer Finencial Servicea <br />� 4l98 <br />�, GMP4R(N� i0809� <br />Page 3 of 9 <br />� `l <br />