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Doc IDA: xxxxxxxxx 6 4 7 <br />agreements secured by this Security Instrument. <br />2. Acceptance and Application of Payments or Proceeds. <br />(a) Acceptance and Application of Partial Payments. Lender may accept and either apply or hold in suspense <br />Partial Payments in its sole discretion in accordance with this Section 2. Lender is not obligated to accept any Partial Payments <br />or to apply any Partial Payments at the time such payments are accepted, and also is not obligated to pay interest on such <br />unapplied funds. Lender may hold such unapplied funds until Borrower makes payment sufficient to cover a full Periodic <br />Payment, at which time the amount of the full Periodic Payment will be applied to the Loan. If Borrower does not make such a <br />payment within a reasonable period of time, Lender will either apply such funds in accordance with this Section 2 or return <br />them to Borrower. If not applied earlier, Partial Payments will be credited against the total amount due under the Loan in <br />calculating the amount due in 'connection with any foreclosure proceeding, payoff request, loan modification, or reinstatement. <br />Lender may accept any payment insufficient to bring the Loan current without waiver of any rights under this Security <br />Instrument or prejudice to its rights to refuse such payments in the future. <br />(b) Order of Application of Partial Payments and Periodic Payments. Except as otherwise described in this <br />Section 2, if Lender applies a payment, such payment will be applied to each Periodic Payment in the order in which it became <br />due, beginning with the oldest outstanding Periodic Payment, as follows: first to interest and then to principal due under the <br />Note, and finally to Escrow Items, If all outstanding Periodic Payments then due are paid in full, any payment amounts <br />remaining may be applied to late charges and to any amounts then due under this Security Instrument. If all sums then due <br />under the Note and this Security Instrument are paid in full, any remaining payment amount may be applied, in Lender's sole <br />discretion, to a future Periodic Payment or to reduce the principal balance of the Note. <br />If Lender receives payment from Borrower in the amount of one or more Periodic Payments and the amount of any <br />late charge due for a delinquent Periodic Payment, the payment may be applied to the delinquent payment and the late charge. <br />When applying payments, Lender will apply such payments in accordance with�Applicable Law, <br />(c) Voluntary Prepayments. Voluntary prepayments will be applied as described in the Note. <br />(d) No Change to Payment Schedule. Any application of payments, insurance proceeds, or Miscellaneous Proceeds <br />to principal due tinder the Note will not extend or postpone the due date, or change the amount, of the Periodic Payments, <br />3. Funds for It Items. <br />(a) Escrow Requirement; Escrow Items. Borrower must pay to Lender on the day Periodic Payments are due under <br />the Note, until the Note is paid in full, a sum of money to provide for payment of amounts due for all Escrow Items (the <br />"Funds"), The amount of the Funds required to be paid each month may change during the tern] of the Loan. Borrower must <br />promptly furnish to Lender all notices or invoices of amounts to be paid under this Section 3. <br />(b) Payment of Funds; Waiver. Borrower must pay Lender the Funds for Escrow Items unless Lender waives this <br />obligation in writing, or unless prohibited by Applicable Law. Lender may waive this obligation for any Escrow Itei,n at any <br />time. In the event of such waiver or prohibition, Borrower must pay directly, when and where payable, the amounts due for any <br />Escrow Items and Lender may require Borrower to provide proof of direct payment of those items within such time period as <br />Lender may require. Borrower's obligation to make such timely payments and to provide proof of payment is deemed to be a <br />covenant and agreement of Borrower tinder this Security Instrument, If Borrower is obligated to pay Escrow Items directly, and <br />Borrower fails to pay timely the amount due for an Escrow Item, Lender may exercise its rights under Section 9 to pay such <br />amount and Borrower will be obligated to repay to Lender any such amount in accordance with Section 9. <br />Unless prohibited by Applicable Law, Lender may withdraw -the waiver as to any or all Escrow Items at any time by <br />giving a notice in accordance with Section 16; upon such withdrawal, Borrower must pay to Lender all Funds for such Escrow <br />Items, and in such amounts, that are then required under this Section 3. <br />(c) Amount of Funds; Application of Funds. Lender may, at any time, collect and hold Funds in an amount up to, <br />but not in excess of, the maximum amount a lender can require under RESPA. Lender will estimate the amount of Funds due in <br />accordance with Applicable Law. <br />The Funds will be held in an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank, Lender will <br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender may not charge Borrower for: <br />(i) holding and applying the Funds; (ii) annually analyzing the escrow account; or (iii) verifying the Escrow Items, unless <br />CALIFORNIA --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3005 07/2021 <br />CALIFORNIA DEED OF TRUST (SIDOT.CA) <br />25283.8 (11/22) Page 5 of 17 BANK OF AMERICA, N.A. <br />S. � M <br />*1024466473616404000*. <br />