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20010515'7 <br />BORROWEWOVENANT3hat Borroweris lawfully seised of the estateherebyconveyedand has <br />the right to grantand conveythe Propertyand thatthe Propertyis unencumberedpxceptfor encumbrances <br />of record. Borrowerwarrants and will defend generallythe title to the Property against all claims and <br />demands, subject to any encumbrances of record. <br />THIS SECURITYINSTRUMENTcombines uniform covenantsfor national use and non - uniform <br />covenantswith limited variationsby jurisdictionto constitutea uniform security instrumentcovering real <br />property. <br />UNIFORMCOVENANTS Borrowerand Lendercovenantand agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. <br />Borrowershall pay when due the principal of, and interest on, the debt evidencedby the Note and any <br />prepaymenlchargesand late charges due under the Note. Borrowershall also pay funds for Escrow items <br />pursuantto Section 3. Paymentsdue under the Note and this Security Instrumentshall be made in U. S. <br />currency.However,if any check or otherinstrumentreceivedby Lenderas paymentunderthe Note or this <br />Securityinstrumentis returnedto Lenderunpaid, Lendermay requirethat any or all subsequentpayments <br />due under the Note and this Security Instrumentbe made in one or more of the following forms, as <br />selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a <br />federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. <br />Paymentsare deemedreceivedby Lenderwhen receivedat the location designatedin the Note or at <br />such otherlocationas may be designatedby Lenderin accordancewith the noticeprovisionsin Section 15. <br />Lendermay return any paymentor partial paymentif the paymentor partial paymentsare insufficientto <br />bring the Loan current. Lendermay acceptany paymentor partial paymentinsufficientto bring the Loan <br />current,withoutwaiver of any rights hereundetor prejudiceto its rights to refuse such paymentor partial <br />paymentsin the future, but Lenderis not obligatedto apply such paymentsat the time such paymentsare <br />accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay <br />intereston unappliedfunds. Lendermay hold such unappliedfunds until Borrowermakespaymentto bring <br />the Loan current. If Borrowerdoes not do so within a reasonableperiodof time, Lendershall eitherapply <br />such funds or returnthemto Borrower.If not appliedearlier,such funds will be appliedto the outstanding <br />principal balance under the Note immediatelyprior to foreclosure. No offset or claim which Borrower <br />might have now or in the future against Lendershall relieve Borrowerfrom making paymentsdue under <br />the Note and this Securitylnstrumentor performingthe covenantsand agreement$ecuredby this Security <br />Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all <br />paymentsacceptedand appliedby Lendershall be appliedin the following order of priority: (a) interest <br />due under the Note; (b) principal due under the Note; (c) amountsdue under Section 3. Such payments <br />shall be appliedto each Periodic Paymentin the order in which it becamedue. Any remainingamounts <br />shall be appliedfirst to late charges, second to any other amountsdue underthis SecurityInstrument,and <br />then to reduce the principal balance of the Note. <br />If Lenderreceives a paymentfrom Borrowerfor a delinquentPeriodic Paymentwhich includes a <br />sufficient amountto pay any late charge due, the paymentmay be appliedto the delinquentpaymentand <br />the late charge. If more than one Periodic Paymentis outstanding,Lendermay apply any paymentreceived <br />from Borrowerto the repaymentof the Periodic Paymentsif, and to the extentthat, each paymentcan be <br />paid in full. To the extentthat any excess exists after the paymentis appliedto the full paymentof one or <br />more Periodic Payments,such excess maybe appliedto any late chargesdue. Voluntaryprepayment$ hall <br />be applied first to any prepayment charges and then as described in the Note. <br />Any applicationof payments,insuranceproceeds,or MiscellaneousProceedsto principal due under <br />the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrowershall pay to Lenderon the day Periodic Paymentsare due <br />under the Note, until the Note is paid in full, a sum ( the "Funds ") to provide for paymentof amountsdue <br />for: (a) taxes and assessmentsand other items which can attainpriority over this Security Instrumentas a <br />lien or encumbranceon the Property; (b) leaseholdpaymentsor ground rents on the Property, if any; (c) <br />premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance <br />Initials:" <br />dM - 6A(NE) (0005) Page 4 of 15 Form 3028 1/01 <br />OD <br />