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�: <br />rat, ��C����� <br />���`A 201204392 <br />2Q�.2�4207 <br />TOGEIT�R WITH all the improvements now or hereafter erected on the properiy, and all <br />easements, appurtenances, and fixwres now or hareafter a part of the property. All rep�scemeats and <br />additions shall also be covered by this Se�uriry Instrument All of the foregoing is referred to in this Sewrity <br />Instrument as the "Property". Borrower understands and agrees that MERS holds only legal title to the <br />interests granted by Borrower m tlus Security Instiument; but, if necessary to comply with Taw or custom, <br />MERS (as nominee for Le,nder and Lendets successors and assig�ns) has the righ� to exerc�se any or all of <br />those interests, including, but not limited to, the right to forexlose and sall the Property; and w take any <br />action required of Lender includin�, but not limited to, releasin or cauceling this Security InsWmen� <br />BORROWER COVENANTS tbat Borrower is la seized of the estate hereby conveyed and <br />has the right W grant and convey die Ptoperiy , and th�� Property is unencumbet'ed, except for <br />encumbrances of record. Borrower wazrants and will defend generally the title to the Property agamst all <br />claims and demands, subject w au}+ encumbrances of record. <br />THIS SECURITY INSTRUNIENT combines uniform covenants for national use and non-uniform <br />covenants with limited variations by jurisdiction to consdtute a uniform security inshument covering real <br />P��Y� <br />Borrower and Lender covenant and agree as follows: <br />iJNIFORM COVENANTS. <br />1. Payment of Principal, Interest and Late C6arge. Borrower shall pay when due the principal of, <br />and interest on, the debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Tases, Insurance, and Other Charges. Borrower shall include in each <br />monthly payment, tagether with the principal and interest as set forth in the Note and aay late charges, a sum <br />for (a) taxes and special assessments levied or to be levied against the Properiy, (b) leasehold payments or <br />ground rents on ihe Property, and (c) premiums for insurance required under Para�aph 4 ��y y� � <br />which the Lender must ay a mortgage insurance premium to the Secretary of Housin� and Urban <br />Development ("Secretary"� or in any year m which such premium would have be�n required �f T.ender still <br />held the Security Instrument, each monttily payment shall also mclude either: (i) a sum for the annual <br />mortgage insurance premium to be paid by Lender to �e Secretary, ar (ri) a monthly charge mstead of a <br />mortgage insw�ance premium if this Security Instrument is held by the Secretary, in a reasonable aTnount to <br />be determinai by the Secremry. Except for the monthly charge by the Secretary, 1i�ese items are called <br />"Escrow Items" �d the sams �d to I,�der are called "Escrow Funds." <br />Lender may,.at any time, collect and hold amounts for Escrow Itema in an aggrogate amount not to <br />exceed the maximum amount thatmay ba required for Borrovi�er's escrow account under the Real Estate <br />Settlement Procedwes Act of 19�74, 12 U.S.C. § 2601 et sea. and implementing regulatlons, 24 CFR Part <br />3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by <br />RESPA for unenticipated disbursements or disburseme�nts l�fore the Borrower's payments are available in <br />the accoimt may not be based on amounts due for ihe mortgage insurance premium. <br />If the amounts held by Lender for Eserow Items exceed the amounts permitted to be held by <br />RESPA, Lender shall account to Borrower for .the excess funds as required by RESPA. If the amounts of <br />funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the <br />Boaower and require Borrower to make up the shortage as pennitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secwed by this Security <br />Instrumen� If Borrower tenders W Lender the full payment of all such sums, Borrowe�'s account shall be <br />credited with the balance remaining for all installment items (a), @), and (c) and any mortgage ins�uance <br />premium installment that Lender has not become obligat� to pay to the Secretary, and Lender shall pmmptly <br />refimd any exc�s fimds to Borrower. Immediatelyp or to a foreclosure sale of the Pro�erty or its <br />acquisition by Lender, Borrowe�s account shall be credited with any balance remaining for all mstallme�rts <br />for items (a), (b), �d (c). <br />3. Appllcation of Payments. All payments under Parag�aphs 1 and 2 shall be applied by Lender as <br />follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly <br />charge by the Secretary+ instead of the monthly mortgage ins�uance premium; <br />Second, to any laxas, special assessmen�s, leasehold payments or ground rents, and f�e, flood and <br />other hazazd ins�uance premiums, as required; <br />Third, to interest_due under the Note; <br />Fourth, to amordzation of the principal of the Note; and. <br />Fifth, to late charges.due under the Note. <br />4. Fire, Flood and Other Aazard Insurance. Boaower shall msure all unprovements on the <br />Property, whether now in existence or subsequently erected, a�ainst any hazards, casualties, and <br />contingencies, including fire, far which Lander req�ires insuraace. Ttus insucance shall be maintaiaed in tha <br />amounts and for the periods that Lendar raquires. Borrower shall also insure all improvements on the <br />Property, whedier now in existence or subsequently erected, against loss by floods to the extent rec�uired by <br />the Secretaiy. AU insurance shall be canied with compa�ues approved by Lender.lhe insurance pohcies and <br />any renewais shall be held by Lender and sha11 include loss payable clauses in favor of, and in a form <br />acceptable to, Lender. <br />In tha event of loss, Borrower shall give Lender immediate notice by mail. Lender may makeproof <br />of loss if not made promptly by Barrower. Each inaurance co any concemed is hereby authorized and <br />directed to maka �aymeat for such loss directiy to Lender, inst�of to Borrower and to Lender jointly. All <br />or any part of the msurance proceeds may ba applied by Lander, at its option, eitha (a) to the reduction of the <br />iadebtedness under the Note and this Security Instrument, firat to auuy delinquent amounts applied in the order <br />in Para�raph 3, and then to pregayment of principal, ar(b) to the restoration or repaar of the damaged <br />Property. Any application of the proceeds to the prittcipal sha11 not extend or post�ne the due date of the <br />monthly payments which are referred to in Paragtaph 2, or change the amount of such payments. Any excess <br />u►suranca proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Security Tnstr�ment shall be paid to the entity legaYly entitled ffiereto. <br />In the event of foreclosure of this Security Instnmment or other hansfer of tifle to the Property thai <br />extinguishes the indebtedne�c, all right, title and 'mterest of Borrower ia aad to insuraace policies in force <br />shall pass to the piuchaser. <br />5. Occapancy, Preservation, Maintenance aad Protec�on of t6e Property; Borrower's Loan <br />Ap�lication; Leaseholds. Borrower shall occupy, establish, and use the Property as Bortower's principal <br />residence within sixty days afler the execution of this Security 1nsWment (or wtthm sixry days of a later sale <br />or t�ansfer of the Property) and shall continue W occupy the Iiroperty as Baaower's prmcipal residence for at <br />least one year after the data of occupancy, unless Lender determines thatrequirement wiU cause undue <br />hardship for Borrower, or unless extenuahng circumstances exist which are beyond Borrower's conlrol. <br />Borrower shall notify Lander of any exteauating circumstances. Borrower shall not commit waste or destroy, <br />�6256•CV(9�1�) 0113033 Page2of5 <br />�raxe� noea o�r,�e r�xs �.ra��fl <br />f�L -�,� <br />