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. � - ; ; 1 '' 1,' ; �i <br />.� � r �'� <br />�09.104362 <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exc.eed 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 regvlations, 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 Bonower'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 pernutted to be held by RESPA, Lender <br />shall account to Bonower for the excess funds as required by RFSPA. If the amounts of funds held by Lender at any <br />time are not sufficient to pay the Fscrow Items when due, Lender may notify the Borrower and require Bonower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds are pleflged as addirional security for all sums secured by this Security Instnunent. If <br />Borrower tenders to Lender the full payment of all such sums, Bonower's account shall be credited with the balance <br />rem��ning 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 Borrower. <br />Immerliately 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. Appliration of Payments. All payments under pazagraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the S�retary or to the monthly charge by the <br />Secretary instead of the monthly mortgage insurance premium; <br />Second, to any taxes, sp�ial 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 />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4. F'ire, Fl�d and Other Hazard Insurance. Bonower shall insure all improvements on the Properiy, whether <br />now in e�stence 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. Bonower shall also insure all improvements on the Progerty, whether now in existence or subsequently <br />erected, against loss by Aoods to the extent required by the Secretary. AIl insurance shall be carried with companies <br />approved by Lender. The inc,�rance 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, Borrower shall give Lender imme�iate notice by ma.il. I.ender may make proof of loss if not <br />xnade promptly by Borrower. Each insurance company concemed is hereby authorized and directed to make payment <br />for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance <br />procee�s may be applied by Lender, at its oprion, either (a) to the reducrion of the indebte�iness under the Note and <br />tYus Security Insmiment, 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 Properly. Any application of the proceeds to the <br />principal shall not extend or postpone the due daxe of the monthly payments which are referred to in paragraph 2, or <br />change the amount of such payments. Any excsss insurance proceeds over an amount required to pay all outstanding <br />indebtedness under the Note and this Security Instrument shall be paid to the entiry legally entitled thereto. <br />In the event of foreclosure of this Security Insmiment or other transfer of ritle to the Properiy thxtt extinguishes <br />the indebtedness, all right, title and interest of Bonower in and to insurance policies in force shall pass to the <br />purchaser. <br />�. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />I.easeholds. Borrower shall occupy, establish, and use the Properiy as Borrower's principal residence within sixty <br />days after the ex�urion 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 detemunes that requirement will cause undue hazdship for Bonower, or unless extenuating <br />circiunstances exist which are beyond Bonower's control. Bonower shall notify Lender of any extenuating <br />FHA Oeed of Trust-NE <br />VMP Q <br />Wolters Kluwer Financial Services <br />�� <br />4/98 <br />VMP4R(NE) (0809) <br />Pege 3 of 9 <br />