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90106425
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Last modified
10/20/2011 10:18:42 PM
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10/20/2005 9:59:14 PM
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DEEDS
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90106425
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jo. 146425 <br />UNIMRM COVENAN'M Borrower and lender covenant and agree as follows: <br />1. Payateat of PrWpd ant intereati Prepayment area+ Late C1ta gm 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. Famla f'orTaxito gad hwAraeee. 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 />cne•twelAh of: (a} yearly tames and assessments which may attain priority over this Security Instrument; (b) yearly <br />ieaseltold payments or ground rents an the Property, if any; (c) yearly hazard 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 current data and reasonable estimates of Ruure escrow items. <br />The Funds shall be held in an institution: the deposits er accounts of which are insured or guaranteed by a federal or <br />state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for holding and applying the Funds. analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable raw petnairs Lender to make such a charge. 8o,-fower and <br />Lender may agree in writing that interest shall be paid Qa the Fund& Urrtess an Weement is made or applicable law <br />requires interest to be paid. Lender shall not be required uo w. 80"Gwer any or earnings on the Funds. Lender <br />shall give to Borrower. without charge, an annual accounitW t rTftM Ir emds showivV .,corals and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The tilnts&. we Ir Wged as a&Wj vial security for the sums secured by <br />this Security Instrument. <br />If the amount of the Funds held by Lender, together with the trla trwc monthly payments or, lcrwds Payable prior to <br />the due dates of the escrow items, shall exceed the amount required to pay the escrow items when 4V.-, the exoesr s1!n211 bC . <br />at Borrower's option, either promptly repaid to Borrower or credited to Sorrower 6m ern athly par` amts o•W F4nm .. If the <br />amount of the Funds held by Lender is not sufficient to pay the escrow fit-669 wly m: dl=, Borrower sla�l pay ta� l tznj rs array <br />amount necessary to make up the deficiency in one or more payments a9 r quixei bS F Lt nder. <br />Upon payment in hill of all sums secured by this Security Intern. vPt, Egmkr shall promptly refund to &amllaes <br />any Funds held by Lender. If under paragraph 19 the Property is sold o acquirer 1hv lender. Lender shall apply, mr later <br />than immediately prior to the sale of the Property or its acquisition by Lender, anv is unds held by Lender at the tame of <br />application as a credit against the sums secured by this Security Instrument. <br />3. ANrlieadm o! Payments. Unless applicable law provides otherwise: 61E payments received by Lender under <br />paragraphs 1 and 2 shall be applied: first. to late charges due under the Note; secand, -.b prepayment charges due under the <br />Note; third. to amounts payable under paragraph 2; fourth, to interest due; and last* to principal due. <br />4. Chargem Lieu& Borrower shall pay all taxes. assessments, charges, fines and impositions attributable to the <br />Property which may attain priority. over this Security Instrument, and leasehold payments or ground rents,. if ant e! <br />Borrower shaU pay these obligations in the manner provided in paragraph 2, or iEnoa paid in that manner. Bormw1es sill <br />pay than on time directly to the person owed payment. Borrower shalt prr. mptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments dif•e9 -,?y, Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />With. the !-- by, or dri'els a enfsscernent of the lien in, legal more dings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) sec -res from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the Gen. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />S. Hasard Insurance. Borrower shall keep the improvements er w exisdrZ or hereafter erected on tllae Lroperty <br />insured against loss by fire, hazards included within the term' extended. oauer%e"` aced any other Ihwmnds km niL'ntatt- Lender <br />requires insurance. This insurance shall be maintained in the aravr N aad for: she periods thmq Lemder m4piires. The <br />insurance carrier providing the insurance shall be chosen by Borrea,e.;. %� ect zc L° —drr's approvaP w %zit - -ch9l• not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Leader and sMt rrr,:lude a standard woctpge clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires, L'li -rower sbAE. pm�(+tly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower stmt: j've procapt. maace to the insurance <br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrcrxier.. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds st 40- be ap�l O soh oesioration or repair <br />of the Property damaged. if the restoration or repair is economically feasible an(! Lo.-Dier'S sam n�c es net D¢gmed. If the <br />restoration or repair is not economically feasible or Lender's security would be lex ss . the insr�ce pc=sds shall be <br />applied to the sums secured by this Security Instrument. whether or not then due, with any enam paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lender that rlhe insurance carrier has <br />offered to settle a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument. whether or not them due. The 30-day pe:rimi Twill begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prin6pal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs i and 2 or change th a a.tnount of the payments. If <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance 1x lines. and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the slicers secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of ProperW. Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Property. allow the Property to deteriorate or commit waste. if this Security Tnstrument 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 title shall not merge unless Lender agrees to the merger to writing. <br />7. Protection of Lenders Rights in the Property; Mortgage insurance. 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 (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a icen which has priority over this Security <br />Instrument, appearing in court. paying reasonable attorneys' fees and entering on the Property to make repairs Although <br />Lender may take action under this paragraph 7. Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment. these amounts shall bear interest from <br />the date of disbursement at the Note rate and shall be payable. with interest. upon notice from Lender to Borrower <br />requesting payment. <br />1L:jr <br />• <br />t�lr�'. <br />,,CC <br />r <br />i r�. <br />
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