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. � '��. �` , �; � � ;�, <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 350t1, as they may be <br />amended from time to time ("RESPA"), except that the cushion or reserve permitted by RE5PA for unanticipated <br />disbursements or disbursements before the Bonower'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 />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 notify the Borrower and require Bonower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds aze pledged as addirional security for all sums secured by this �curity Instrument. If <br />Bonower 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 Lender has <br />not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Bonower. <br />Immediately prior to a foreclosure sale of the Property or its acquisirion by Lender, Borrower's account 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 5ecretary 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 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. Fire, Flood and Other Hazard Insurance. Bonower shall insure all improvements on the Property, whether <br />now in e�cistence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which <br />Lender requires insurance. This insurance shall be maintained in the aznounts and for the periods that Lender <br />requires. Borrower sha11 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 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 d'uected to make payment <br />for such loss d'uectly to Lender, instead of to Bonower and to Lender jointly. All or any patt of the incnran� <br />proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and <br />tlus 5ecurity Instrument, first to any delinquent amounts applied in the order in pazagraph 3, and then to prepayment <br />of principal, or (b) to the restorarion or repair of the damaged Property. Any application of the procee�s to the <br />principal shall 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 proce�s over an amount required to pay all outstanding <br />indebtedness under the Note and this Security Instnunent shall be paid to the entity legally enritled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes <br />the indebtedness, all �ight, title and interest of Borrower in and to insurance policies in force shall pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protectton of the Pro�rty; Borrower's Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use the Property as Bonower's principal residence within sixty <br />days after the execution of this Security Instnunent (or within sixty days of a later sale or transfer of the Property) <br />and shall continue to occupy the Property as Borrower's grincipal 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 e�enuating <br />circumstances exist which are beyond Borrower's control. Bonower shall notify Lender of any extenuating <br />FHA Deed of Trus[-NE ° 4/96 <br />VMP � VMP4R(NE) (0809) <br />Wolters Kluwer Ftnancfal Services Page 3 of 9 <br />