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89103843
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10/20/2011 6:00:21 AM
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10/20/2005 9:47:24 PM
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DEEDS
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89103843
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89 * 103843 <br />UNIFORM COVENAWS. Borrower and Lender covenant and agree as follows: <br />I. Paytmssat of PriaciMl Oral Interest; Prepsymeat and Late Charges. Borrower shall promptly pay when due <br />the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. Fwmb for Taxes sail lasttreaee. Subject to applicable law or to a written waiver by Lender. Borrower shall pay <br />to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds") equal to <br />one-twelfth of (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />hssebofd payments or growl rents on the Property. if any; (c) yearly haurd insurance premiums; and (d) yearly <br />mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of eurtent data and reasonable estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state agency (including Leader if Lender is such an institutim). Lender shall apply the Funds to pay the escrow items. <br />Larder may not charge for holding and applying the Fundso analyging the account or verifying tilt escrow items, unka <br />Larder pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and <br />Larder <br />may agree in writing that interest shall be paid err the Funds. Unless an agreement is made or applicable bw <br />requires interest to be paid,, Lewder shall no be required to pay Borrower any, interest or earnings on the Fttp& Lender <br />shah give to Borrower., without csilarge. an annual acaoun ft of the Funds showing credits and debits to the Fwntb and the <br />purpose for which eub:debit to the Funds was remade. The Funds are pledged as additional soeurityl for the sutras secured by <br />this Snarly Iris ra==t - <br />tttbe amount of the Funds held by Lender, together with the future moattttYt payments of Funds payable prior to <br />the due dates of the escrow items,: shall exceed the amount required to pay the arnuvs items when due, the excess shall be. <br />at Borrower's option, either prey ply repaid to Borrower or credited to- Borrimec air:• monthly payments of Funds. If the <br />amount of the Funds held by I a�deris not s math to pay the escrow ilmis when due. Boren shall pay to Lender any <br />amount asoesssry to make up the deficiency m=e or more payments as required by Lender. <br />Upon payment in full of all sums weaned by this Security Instrument. Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Leader at the time of <br />application s a credit -pint the sums secured by this Security Instrument. <br />3. Appiieollea of Pay Unless applicable law provides otlernise, all payments received by Loader under <br />paragraphs 1 said 2 slpW be applied: tlr'<1, to Iste charges due under the Note; second, to prepayment charges due under the <br />Note; third, toamow=payablit under paragraph 2; founkto interest due; and las4 Coprincipal due. <br />d. (berasr bola. Boomer shall pay, all taxes; assessments, charges. Iti s and impositions attributable to the <br />Property which may attain priority, ova chic Security Instrument, and leasehold payments or ground rents, if any. <br />Bosrowei shall pay throe obligations in the manner provided in paragraph 2. or if not paid in that manner. Borrower shall <br />pay them on time directly to the person owed payment. Borrower sbW promptly furnish to Lender all notices of amounts <br />to be paid under this parapaph. U Borrower makes these payments directly. Borrower shall promptly furnish to Lender <br />Borrower shell promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obtiption secured by the lieu in a manner acceptable to Lender, (b) contests in good <br />faith the lien by. or ddards against enforcement of the lien in. kph prozeedmnp which in the Lender's opinion operate to <br />1"" =""t the «.r-- 1—W" ,+t of the lien air forfeit±.,. of sry part of tabe :-ropmy; or (c) secures from the holder of the lien an <br />age ameat satisfactaay to Lander subordinating the lien to this Security Instrument:. if Lender determines Wt. any put of <br />the Property is subject to a lien which may attain priority over this Security IngrAment, Lender may give Borrower a <br />notice identifying tbtetsen. Borrower shall satisfy the lien or take one or 'som oft• pt actions set forth above within 10 days <br />of the giving of notice <br />S. Healyd lusra■oe. Borrower shall keep the improvements now existingor hereafter erected cc the Property <br />insured against loss by fire, hazards included within the term. - "extended coverage' and any other haurds for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be as elubk to Lender and sWL include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. H Lender requires. Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of less. Borrower $ball give prompt notice to the insurance <br />carrier and L, ender. Lenncla nay make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair <br />of the Property damaged. if the restoration or repair is economically feasible and Lender's security is not lessened. If the <br />Mtoratiort.of repair is not economically feasible or Lender'$ security would be lessened, the insurance proceeds shall be <br />applied to the tugs secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has <br />otkred to settle a claim. then Lender may collect the insurance proceeds. Lender nay use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Irmrumrent. whether or not then due. The 30-day period will begin <br />when the notice a Siren. <br />Unless Lender and Borrower otherwise spa in writing, any application of proceeds to principal shall not extend or <br />postpone Ilse due date of the monthly psyments referred to in paragraphs i and 2 or change the amount of the payments. If <br />I nder paragraph 19 the Property is acquired by Leader. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument imi nedistely prior to the acquisition. <br />i. fl'rssarsadm and 2Nai■teaaate of PtroMip; Leaseboida, Borrower shall not destroy. damage or substantially <br />change the Property. allow the Property to deteriorate or cancan it waste. If this Security instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee title to the Property, the leasehold and <br />fee tick shall not merge unless Ltrider agrees to the merger in writing. <br />7. Protection of LesdWs *400 in the Property; Mortgow itntiraace. If Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property Ouch as a proceeding in bankruptcy. probate, for condemnation or to enforce laws or <br />L regulations). then Lender may do and pay for whatever is necessary to pr(Hect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Instrument, appeanng in court, paying reasonable attorneys' fees and entering on the Property to make repairs Although <br />!.ender may take action under this paragraph 7. Lender does not hate to do so <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Securty Irs-i'muirci,i Uriless Fiorrower and Lender agree to other terms of payment. these amounts shall hear interest from <br />the ditty of disbursement at the Wore rate and shall be payable. with interest, urvii none from Lender to &)rrower <br />requesting pay merit <br />1 <br />rt <br />R <br />
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