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�0110648� <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />�X;mum 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 unanricipated <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 e�ccess 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 Se�urity Instrument. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower's account sha11 be credited with the balance <br />rema,ining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has <br />not becoine obligated to pay to the Secretary, and Lender sha11 gromptly refund any exceeSSS funds to Borrower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account sha11 be <br />credited with any balance remaining for a11 installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under pazagraphs 1 and 2 sha11 be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary 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 />Fourth, to amortizarion of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4. Fire, F'lood and Other Hazard Insurance. Borrower sha11 insure a11 improvements on the Property, whether <br />now in e�cistence 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. Bonower sha11 also insure a11 improvements on the Property, whether now in eJCistence 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, Borrower sha11 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,cted 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 grincipal, or (b) to the restoration 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 e�cccess insurance proceeds over an amount required to pay all outstauding <br />indebtedness under the Note and this Security Instrument sha11 be paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instnunent or other transfer of title to the Property 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 Loan Application; <br />Leaseholds. Borrower sha11 occupy, establish, and use the Property as Borrower's principal residence within sixty <br />da.ys after the e�cecution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) <br />and shall continue to occupy the Properiy 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 far Borrower, or unless extenuating <br />circumstances exist which are 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 allow the <br />Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant <br />or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or <br />11-07-000129 <br />i��t�ais:� <br />�-4N(NE) �aao�� Page 3 of 8 <br />� <br />