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201109065 <br />mortgage insurance premium to be paid by Lender to the Se�retary, or (ii) a monthly charge instead of a <br />mortgage insurance premium if this S�urity Instnunent is held by the S�retary, in a reasonable amount to <br />be determined by the Secretary. Except for the monthly chazge by the S�retary, these items are called <br />"Escrow Items" and the sums paid to Lender are called "Escrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exc�d <br />the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement <br />Proce�ures Act of 1974, 12 U.S.C. S�rion 2601 et seq. and implementing regulations, 24 CFR Part 3500, <br />as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by <br />RF.SPA for unanticipated disbursements or disbursements before the Borrower's payments are available in <br />the account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exce� the amounts permitted to be held by RESPA, Lender <br />shall account to Bonower for the excess funds as requirefl by RESPA. If the amounts of funds held by <br />Lender at any time are not sufficient to pay the Eserow Items when due, Lender may notify the Bonower <br />and require Borrower to malce up the shortage as permitted by RESPA. <br />The Escrow Funds are pledgefl as additional security for all sums s�ured by this S�urity Instrumern. If <br />Bonower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the <br />balance remaining for all installment items (a), (b), and (c) and any mortgage incnran� premitun in�. tallm�nt <br />that Lender has not become obligated to pay to the 5�retary, and Lender shall promptly refund any excess <br />funds to Borrower. Immediately prior to a foreclosure sale of the Properiy or its acquisition by Lender, <br />Bonower's account shall be 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 Secretary or to the monthly charge by <br />the Secretary instead of the monthly mortgage insurance premium; <br />Second, to any taxes, sgecial assessments, leasehold payments or ground rents, and fire, flood and other <br />hazard 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 all improvements on the Property, <br />whether now in existence or subsequently er�ted, against any hazards, casualries, and contingencies, <br />including fire, for which Lender requires insurance. This insurance shall be mainta�nefl in the amounts and <br />for the periods that Lender requires. Borrower shall also insure all improvements on the Progerty, whether <br />now in eicistence or subsequently erected, against loss by floods to the exte�t required by the Secretary. All <br />insurance shall be carried with companies approved by Lender. The insurance policies and any renewais shall <br />be held by Lender and shall include loss payable clauses in favor of, and in a furm acceptable to, Lender. <br />In the event of loss, Bonower shall give Lender immediate notice by mail. Lender may make proof of loss if <br />not made prompdy by Bonower. Each insurance company concemefl is hereby authorizefl and directed to <br />make payment for such loss dir�tly to Lender, instead of to Bonower and to Lender jointly. All or any part <br />of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the <br />indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the <br />order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged <br />Property. Any application of the procee�is to the principal shall not extend or postpone the due date of the <br />FHA Deed of Trust-NE 4/88 <br />�/ry�p � VMP4R�NE) (1109) <br />Wolters Kluwer Financial Services Page 3 of 10 <br />^ ,r,r� i <br />