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' Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage
<br /> loan mey require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to
<br /> time, 12 U.S.C. 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time,
<br /> collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of funds due on the basis of
<br /> current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
<br /> The Funds shall be held in an institution whose deposits are insured by a federai agency, instrumentality, or entity (including Lender, if
<br /> Lender is such an institution) or in any Federal Home Loan Bank. lender shall apply the Funds to pay the Escrow Items. Lender may not
<br /> charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender
<br /> pays Borrower interest on the Funds and applicabie law permits Lender to make such a charge. However, Lender may require Borrower to
<br /> pay a one-time charge for an independent reai estate tax reporting service used by Lender in connection with this loan, unless appiicable law�
<br /> provides othervvise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay �
<br /> Borrower any interest or eamings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. `
<br /> Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose �
<br /> for which each debit to the Funds was made. The Funds are pledged as additional 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 Iaw. If the amount of the Funds held by Lender at any time is not sufficient
<br /> to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount �
<br /> necessary to make up the def�iency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole Q
<br /> 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 seil the Property, Lender, Prior to the acquisition or sale of the Property, shail apply
<br /> any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instniment.
<br /> 3. Application of Payments. Unless appiicable law provides otherwise, all payments received by Lender under paragraphs 1 and
<br /> 2 shail be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third to interest
<br /> due; fourth, to principal due; and last, to any late charges due under the Note.
<br /> 4. Charges; Liens. Borrower shaii pay all taxes, assessments, charges, fines and impositions attributable to the Property which may
<br /> attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the
<br /> manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment.
<br /> Borrower shall promptly furnish to Lander all notices of amounts to be paid under this paragraph. If Borrower makes these payments
<br /> directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
<br /> Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Bonower: (a) agrees in writing to the
<br /> payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against
<br /> enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from
<br /> the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any
<br /> part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying
<br /> the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above wkhin 10 days of the giving of notice.
<br /> 5. Hazard or Property Insurance. Borrower shaii keep the improvements now existing or hereafter erected on the Property
<br /> insured against Ioss by fire, hazards included wfthin the term "extended coverage" and any other hazards, including floods or flooding, for
<br /> which Lender requires insurance. This insurance shail be maintained in the amounts and for the periods that Lender requires. The insurance
<br /> carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shail not be unreasonabiy withheld. if
<br /> Borrower faiis to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the
<br /> Property in accordance with paragraph 7.
<br /> A�I insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the
<br /> right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal
<br /> notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not
<br /> made promptly by Borrower.
<br /> Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be appUed to restoration or repair of the Property
<br /> damaged, 'rf the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not
<br /> economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
<br /> Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer wkhin 30
<br /> days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender
<br /> may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The
<br /> 30-day period will begin when the notice is given.
<br /> Unless Lender and Borrower otherwise agree in writing, any appiication of proceeds to principal shall not extend or postpone the due
<br /> date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property
<br /> is acquired by Lender, Borrower's rght to any insurance policies and proceeds resuRing from damage to the Property prior to the acquisition
<br /> shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
<br /> 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
<br /> Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within socty days aRer the execution
<br /> of this Security Instrument 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 otherwise agrees in writing, which consent shail not be unreasonably withheid, or unless extenuating circumstances
<br /> exist which are beyond Bonower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or
<br /> commit waste on the Property. Bonower shall be in default ff any forfeiture action or proceeding, whether civil or criminal, is begun that in
<br /> Lender's good faith judgment couid resuk in forfeiture of the Property or otherwise materially impair the lien created by this Security
<br /> Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action
<br /> or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the
<br /> Property or other material impairment of the tien created by this Security Instrument or Lenders security interest. Borrower shall also be in
<br /> default if Borrower, during the loan application process, gave materially faise or inaccurate information or statements to Lender (or failed to
<br /> provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations
<br /> conceming Borrower's occupancy of the Property as a principai residence. If this Security Instrument is on a leasehold, Borcower shali
<br /> compiy with all the provisions of the lease. If Borrower acquires fee titie to the Property, the leasehold and the fee title shall not merge
<br /> unless Lender agrees to the merger in writing.
<br /> Form 3028 B/90
<br /> F4009.LM0 (8/97) Page 2 of 5
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