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201145�6v <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 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 Borrower and require Bonower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds aze pledged as additional se�urity for all sums secured by this Security Instrument. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower' s account sha11 be credited with the balance <br />remaining for a11 installment items (a), (b), and (c) and any mortgage insurance prennium installment that Lender has <br />not become obligated to pay to the Secretary, and Lender sha11 promptly refund any excess funds to Bonower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be <br />crediteri 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 mortgaga insurance premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretary instead of the monthIy mortgage ittsurance 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 chazges due under the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower sha11 insure all improvements on the Property, whether <br />now in existence or subseyuently erected, against any haza.rds, casualties, and contingencies, including fire, for which <br />Lender requires insurance. This insutance sha11 be maintained in the amounts and for the periods that Lender <br />requiras. Bonower sha11 also insure a11 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 sha11 be carried with companies <br />approved by Lender. The insurance policies and any renewals sha11 be held by Lender and sha11 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 Borrower. Each insurance company concerned 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 />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 paragraph 3, and then to prepayment <br />of principal, or (b) to the restoraxion or repair of the damaged Property. Any application of the proceeds to the <br />principal sha11 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 axcess insurance proceeds over an amount required to pay all outstanding <br />indebtedness under the Note and this Security Instrument shall be paid to the enrity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes <br />the indebtedness, a11 right, ritle and interest of Borrower in and to insurance policies in force sha11 pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance $nd Protection of the Property; Botrower's Loan Application; <br />Leaseholds. Bonower sha11 occupy, establish, and use the Property as Bonower's principal residence within sixty <br />days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) <br />and sha11 continue to occupy the Property as Borrower' s principal residence for at least one year after the date of <br />occupancy, unless Lender determixies that requirement will cause undue hardship for Borrower, or unless extenuating <br />circumstances eacist which aze beyond Barrower's control. Borrower shall notify Lender of any extenuating <br />circumstances. Bonower sha11 not commit waste or destroy, damage or substantially change the Property or allow the <br />Property to deteriorate, reasonable wear and tear excepted. Lender ma.y inspect the Property if the Property is vacant <br />or abandoned or the loan is in dafault. Lender ma.y take reasonable action to protect and preserve such vacant or <br />2200149464 D V4NNE <br />IniUalso� � <br />VMPt�I-4NfNE) (oao�).ot pege 3 � g <br />�� <br />