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�01106254 <br />Lender maq, at any time, collect and hold amounts for Escrow Items in an aggregate axnount not to exceed the <br />maximum amount that may be required for Borrower's escrow account under the Re,al Estate Settlement Procedures <br />Act of 1974, 1 Z U. S. C. S�tion 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 far Escrow Items excezd 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 are not sufficient to pay the Escrow Items when due; Lender may notify the Borrower and require Borrower to <br />make up the shortage as permitted by RESPA <br />The Escrow Funds are pledged as additional security for a11 sums secured by this Security Instrument. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance <br />rer�+"� 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 Secretary, and Lender sha11 promptly refund any ezccess funds to Borrower. <br />Immediately prior to a fore,closure sale of the Property or its acquisition by Lender, Borrower' s account sha11 be <br />credited with any balance r�a�n;ng for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 and Z shall be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary ar 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 />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. Borrower shall insure a11 improvements on the Property, whether <br />now in existence or subsequently erected, against any ha�ards, casualties, and contingencies, including fire, for which <br />Lender requires insurance. This insurance sha11 be maintained in the amounts and for the periods that Lender <br />requires. Borrower shall also insuxe 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 shall be cazried 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, Borrower 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 oprion, 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 restaration or repair of the daxnaged Property. Any applicarion 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 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 entity legally enritled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of ritle to the Properiy that extinguishes <br />the indebtedness, all right, title and interest of Borrower in and to insurance policies in force sha11 pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's I,oan Application; <br />Leaseholds. Borrower sha11 occupy, establish, and use ttie Property as Borrower'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 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 Borrower, or unless extenuating <br />circumstances exist which aze beyond Borrower's control. Borrower sha11 notify Lender of any extenuating <br />circumstances. Borrower sha11 not commit waste or destroy, damage or substantially change the Property or a11ow the <br />Properiy to deteriorate, reasonable wear and tear excepted. Lender ma.y inspect the Property if the Properly is vacant <br />or abandoned or the loan is in default. Lender may take reasonable acrion to prote.ct and preserve such vacant or <br />11� 6-000164 <br />In(tials: �/Jr✓+ <br />�-4N(NE) �aao�) Page 3 of 8 ��Q <br />� <br />