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Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.
<br /> 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and
<br /> hold Funds in an amount not to exceed the lesser amount. Lender may estinate the amount of funds due on the basis of current data
<br /> and reasonable estimates of expenditures of future Escrow Items or otherwise in eccordance with applicable law.
<br /> The Funds shal� be held in an institution whose deposfts are insured by a federal age�cy, instrumentality, or entity (including •-..:,
<br /> Lender, 'rf Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. �
<br /> Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow (�
<br /> Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender �
<br /> may require BoROwer to pay a one-time charge for an independent real estate tax reporting service used by lender in connection with �
<br /> this ban, unless applicable taw provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender �
<br /> shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender may agree in wrking, however, that �
<br /> interest shall be paid on the Funds. Lender shall give to Borrower, without cherge, an annual accounting of the Funds, showing
<br /> credits and debits to the Funds end the purpose for whbh each debit to the Funds was made. The Funds are pledged as additional �
<br /> security for all sums secured by this Security Instrument. �
<br /> If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the
<br /> excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not
<br /> sufficient to pay the Escrow Items when due, Lender may so noti(y Bonower h wrking, and, in such case Borcower shall pay to Lender
<br /> the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at
<br /> Lenders sole discretion.
<br /> Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by
<br /> Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prfor to the acquiskion or sale of the Property, shall
<br /> apply any Funds held by Lender at the time of acquisRlon or sale as a credit agaMst the sums secured by this Secur$y Instrument.
<br /> 3. Application of Payments. Unless appl'�cable law prov(des otherwise, all payments received by Lender under paragraphs
<br /> 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; thkd
<br /> to interest due; fourth, to pr�cipal due; and last, to any late charges due under the Note.
<br /> 4. Charges; Liens. Borrower shall pay all texes, assessments, charges, fines and impositions attributable to the Property
<br /> which may attain priority over this Security Instrument, and leasehold payments or ground rents, ff any. Bonower shall pay these
<br /> obligations in the manner provided in paragraph 2, or H not paid in thet manner, Borrower shall pay them on time directly to the person
<br /> owed payment. BoROwer shall promptly (umish to Lender all notices of amounts to be paid under this paragraph, if BoROwer makes
<br /> these payments directly, BoROwer shall promptly (umish to Lender receipts evidencing the peyments.
<br /> Borrower shall promptly discharge any lien which has priority over this Securky Instrument unless Borrower: (e) agrees in wrfting to
<br /> the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests fn good faith the lien by, or defends
<br /> against enforcement of the lien in, legal proceed�gs which in the Lender's opinion operate to prevent the enforcement of the Nen; or (c)
<br /> secures from the holder of the lien an agreement satisfactory to Lender subordinating the �ien to th(s Security Instn�ment. If Lender
<br /> determines that any part oi the Property is subject to a lien wh�h may attain priority over this Security Instrument, Lender may give
<br /> Borrower a notice identifying the lien. Borrower shall satlsfy the lien or take one or more of the actions set forth above wkhin 10 days
<br /> of the giving of notice.
<br /> 5. Hazard or Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the
<br /> Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or
<br /> (looding, for which Lender requires insurance. This insurance shalt be maintained in the amounts and for the periods that Lender
<br /> requires. The insurance carrier providing the insurance shall be chosen by Borrower subJect to Lender's approval which shall not be
<br /> unreasonably withheld. If Borrower fails to maintain coverage descrbed above, Lender may, at Lender's option, obtain coverage to
<br /> protect Lender's rights in the Property in accordance with paragraph 7.
<br /> All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
<br /> the right to hold the policies and renewals. If lender requires, Bonower shall promptly give to Lender all receipts of paid premiums
<br /> and renewal notices. In the event of loss, BoROwer shall give prompt notice to the insurance carrier and Lender. Lender may make
<br /> proof of loss 'rf not made promptly by Borrower.
<br /> Unless Lender and Borrower othervvise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property
<br /> damaged, it the restoration or repair is economically }easible and Lender's security Is not lessened. If the restoration or repak is not
<br /> economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
<br /> Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not
<br /> answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the
<br /> insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Securky
<br /> Instrument, whether or not then due. The 30-day period will begin when the notice is given.
<br /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the
<br /> due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. if under paragraph 21
<br /> the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resufting from damage to the Property prior
<br /> to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the
<br /> acquisition.
<br /> 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
<br /> Application; Leaseholds. Borcower shall occupy, establish, and use the Property as Bonower's princ(pal residence within sbcty
<br /> days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at
<br /> least one year after the date of occupancy, unless Lender otherwise agrees in writing, whfch consent shall not be unreasonably
<br /> withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair
<br /> the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in defauk if any forfeiture action or
<br /> proceeding, whether civil or criminal, is begun that in Lender's good faith Judgment could resuft in forfeiture of the Property or otherwise
<br /> materially impair the I'�en created by this Security Instrument or Lender's security interest. Borrower may cure such a defauft and
<br /> reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed wfth a naling that, in Lender's good fakh
<br /> determination, precludes forteiture of the Borrower's interest in the Property or other material knparcment of the lien created by this
<br /> Security Instrument or Lender's security interest. Borrower shall siso be in defauft 'rf Borrower, during the loan application process,
<br /> gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in
<br /> connection with the loan evidenced by the Note, including, but not limfted to, representations conceming Borrowers occupancy of the
<br /> Property as a pr'mcipal residence. If this Security Instn�ment is on a leasehoid, Borrower shall comply with all the provisions of the
<br /> lease. If Bonower acquires fee title to the Property, the leasehoid and the fee title shall not merge unless the Lender agrees to the
<br /> merger in writing.
<br /> Form 3028 B/BO
<br /> Fi029.LM0(10/97) Pags 2 of 5
<br /> 845
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