Sure you can. Earnest money is just a seller credit and would not be subject to any tolerance issues. Many times an initial LE is issued without knowing about any earnest money deposit as the lender might not receive the purchase contract until sometime later in the application process. Once you have that information, it would have to be disclosed on the next LE/CD disclosure issued as it then becomes part of the best information available to the lender. If the initial CD is the next disclosure issued after gaining knowledge of the earnest money deposit, you have no problem.
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