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90106719
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Last modified
10/20/2011 11:35:16 PM
Creation date
10/20/2005 10:04:15 PM
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DEEDS
Inst Number
90106719
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94--" 106719 <br />UNlroRm CovENANn- Borrower and Lender covenant and agree as follows: <br />1. Paytaaat of WW pd OW tatms%. Prepsytaeat and Late Ckarges. 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 />L Fosda for Taxes sad Issaraaea 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 ( "Fun(s") equal to <br />one - twelfth of: (a} yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rents on 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 ofcurrent 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 Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Leader 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 law permits Lender to make such a charge. Borrower and <br />Lender may agree in writxaq that interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower. without charge, an atatral accounting of the Funds showing credits and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds ace Fledged as additional security for the sums secured by <br />thissecurity Instrument. <br />If the amount of the Funds held by Leader. together with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items. shall exceed the amount required to pay the escrow items whets due. the excess shill be, <br />at Borrower's option. either promptly repaid to Borrower or credited to Borrower out rnorethly payments of 1cturlris. l:f; the <br />attmount of tiv.- F'i= s held by Lender is not sufficient to pays the =mw- ijmns when d4ue. Borrower shall pay+ to. F,� any <br />sttttt unt nemwq uxt makeup the deficeer ILettdf m <br />L'•1n n payment its M& fXan su m s �,7ercd by Plus Stmcit:�, Rw:r=,xtt. Letrder shall prompi.'x reSma d to Socrower <br />amya Funds held by Leadw Cf'=bw rAngVy t9- pine Ftq is sold or acquired. by Lender, Ler4er shalD apgpIly. no later <br />Slut immediatetyr prier ar t t5rt sFJi: of Ulu: prgpect� wr nt;s acquisition by Lender. any Funds held by Lender at 'the time of <br />application as a credit spin t clee srz= secaaTed by ahis Security Instrument. <br />3. ANiicatioa of ftmeata Unless applicable law provides otherwise. all payments received by Lender under <br />pauragraphs I and 2 shall be aprpW; first, to late charges due under the Note; second, to prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth. to interest due; and last, to principal due. <br />6. Charges; Lidms. 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 any. <br />Borrower shall pay these 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 shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly. 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 to good <br />f::.h *%n- lie;. byi o d, � w against enforcement of the lien in. !!PI proceedings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any pan of the Property; or (c) secures 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 lien. 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. Hazard Imuraaee, Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against less by fire, hazards included within the term "extended coverage" and any other hazards 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 acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. if Lender requires. Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may 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 />restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be <br />applied to the sums 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 />offered to settle a claim. then Lender may collect the insurance proceeds. Leander may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security instrument, whether or not then due. The 30-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If <br />under paragraph 19 the Property is acquired by Lender. Borrowers 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 immediately prior to the acquisition. <br />6. Preaeration sad Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Property. allow the Property to deteriorate or commit 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 title shall not merge unless Lender agrees to the merger in writing. <br />7.. Protection of Lender's Rfghts in the Property; Mortgage Insurance. If Borrower fails to perform the <br />cavm wtx mularmmmus- contained in alis. Security Cnstrument. or there is a legal proceeding that may significantly affect <br />Lcutal)F. ttitrltm hi dheOrope rty fxual: 2�.a: procceiiing,in bankruptcy, probate, for condemn anon or to eafarce laws or <br />rgltiLuintrsjy ;literT enil�rmit�ldes: a «Yp =y�CAL.�uiiafx :a,�rraecessat S+ ra protect the %-alueof tbz' Fri7perty and Lenders rotts <br />in t'.lie-Fimp erts1. Laider'%s at. jnu mlyj rj1 -.cJ de payijig any suites secured by a Ilan. whicb. lms prtonty over talus Se=' ru'.21 <br />1 tssi5{tnuiasl;,,tppearingin court, paying reaGanable attorneys' fees and :entering ors rbe Pi- 6perrF i:o make repairs. AlthdugLr <br />f ewler =11, tmlce action under this pan, gsmph 7. Lender does nac havze to do so. <br />/YQiyt r,rreounts disbursed by Len&; under this paragraphs 7, sbaff. become additional debt. of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree i-a 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 />re quegting payment. <br />i <br />
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