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2Q�104693 <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to excced the <br />maximum amount that may be required for Bonower's escrow account under the Real Estate Settlement Procedures <br />Act of 1974, 12 U. S. C. Section 2601 et seq. and implementing regulafions, 24 CFR Part 3500, as they may he <br />amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipat� <br />disbursements or disbursements before the Bonower's payments aze available in the account may not be bas�l 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 norify the Borrower and require Borrower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds aze pledged as additional security for all sums secured by this Security Instrument. If <br />Bonower tenders to Lender the full payment of all such sums, Bonower'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 Lender has <br />not become obligated to pay to the S�retary, and Lender shall promptly refund any excess funds to Bonower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Bonower's account shall be <br />credit�i with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under pazagraphs 1 and 2 shall Ue applied by Lender as follows: <br />First, to the mortgage insurance premium to Ue paid by Lender to the Se�retary 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 other hazard <br />insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourt to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4. Fire, Flood and Other Haz$rd Insurance. Bonower shall insure all improvements on the Property, whether <br />now in existence or subsequently er�ted, against any hazards, casualries, 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. Borrower 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 S�retary. All insurance shall be carri� with companies <br />approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable <br />clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Bonower 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 dire�ted to make payment <br />for such loss dire,ctly 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 oprion, either (a) to the reduction of the indebteciness under the Note and <br />this Security Instrument, first to any delinquent amounts 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 shall not extend 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 all outstanding <br />indebtedness under the Note and this Security Instrument shall be paid to the entity legally enritled thereto. <br />In the event of for�losure of this Security Instrument or other transfer of title to the Property that extinguishes <br />the indebtedness, all right, title and interest of Bonower in and to insurance policies in force shall pass to the <br />purchHSer. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use the Properly as Bonower' s principal residence within sucty <br />days after the execution of this Security Inshument (or within sixty days of a later sale or transfer of the Properiy) <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 will cause undue hardship for Bonower, or unless extenuating <br />circumstances exist which are beyond Bonower's control. Bonower shall notify Lender of any extenuating <br />circumstances. Bonower shall not commit waste or destroy, damage or substantially change the Property or allow the <br />Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Properly is vacant <br />or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or <br />05-000096 <br />Inittal . � � � <br />�-4N(NE) (oao�) Page 3 of 8 <br />� <br />