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` ' y� 10738� <br /> CASE ��: LAP343460148845 LOAN ��: 1107292 <br /> TOGETF�R WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and <br /> fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. <br /> All of the foregoing is refened to in this Security Instrument as the"Property." <br /> BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and <br /> convey the Property and that the Property is unencumbered,except for encumbrances of record.Bonower warrants and will defend <br /> generally the title to the Property against all claims and demands,subject to any encumbrances of recorfl. <br /> THIS SECURIT'Y INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited <br /> variations by jurisdiction to constitute a uniform security instrument covering real property. <br /> iJNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: <br /> 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall prompdy pay when due the <br /> principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br /> 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to <br /> Lender on the day monthly payments are due under the Note, until the Note is paid in full,a sum ("Funds") for: (a) yearly taxes <br /> and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold payments or <br /> ground rents on the Property, if any; (c) yearly hazazd or property insurance premiums; (d) yearly flood insurance premiums, if <br /> any; (e) yearly mortgage insurance premiums, if any; and (� any sums payable by Borrower to Lender, in accordance with the <br /> provisions of paragraph 8,in lieu of the payment of moRgage insurance premiums.These items are called"Escrow Items." Lender <br /> may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related <br /> mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as <br /> amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser <br /> amount. If so,Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount.Lender may estimate <br /> the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise <br /> in accordance with applicable law. <br /> The Funds shall be held in an institution whose deposits aze insured by a federal agency,instrumentality, or entity (including <br /> Lender, if Lender is such an insUtution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow <br /> Items.Lender may not chazge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying <br /> the Escrow Items, unless Lender pays Bonower interest on the Funds and applicable law permits Lender to make such a charge. <br /> However, Lender may require Borrower to pay a one-time chazge for an independent real estate tax reporting service used by <br /> Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law <br /> requires interest to be paid, Lender shall not be required to pay Bonower any interest or earnings on the Funds. Bonower and <br /> Lender may agree in writing,however, that interest shall be paid on the Funds. Lender shall give to Bonower, without charge,an <br /> annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was <br /> made.The Funds are pledged as additional security for all sums secured by this Security Instrument. <br /> If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for <br /> the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is <br /> not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing,and,in such case Bonower shall pay <br /> to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in no more than twelve monthly <br /> payments,at Lender's sole discretion. <br /> Upon payment in full of all sums secured by this Security Instrument,Lender shall prompdy refund to Borrower any Funds <br /> held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the <br /> Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this <br /> Security Instrument. � <br /> 3.Application of Payments.Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 <br /> and 2 shall be applied: first,to any prepayment charges due under the Note; second,to amounts payable under pazagraph 2; third, <br /> to interest due;fourth,to principal due;and last,to any late charges due under the Note. <br /> 4. Charges; Liens. Bonower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property <br /> which may attain priority over this Security Instrument,and leasehold payments or ground rents, if any. Bonower shall pay these <br /> obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time direcdy to the <br /> person owed paymen� Borrower shall prompdy furnish to Lender all notices of amounts to be paid under this paragraph. If <br /> Bonower makes these payments directly,Borrower shall prompdy furnish to Lender receipts evidencing the payments. <br /> Borrower shall prompdy discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in <br /> writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien <br /> by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the <br /> enforcement of the lien;or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinaang the lien to this <br /> Security Instrument. If Lender determines that any part of the Property is subject to a,lien which may attain priority over this <br /> Security Instrument,Lender may give Borrower a notice identifying the lien.Bonower shall satisfy the lien or take one or more of <br /> the actions set forth above within 10 days of the giving of notice. <br /> 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br /> insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or <br /> flooding, for which Lender requires insurance. Tfiis insurance shall be maintained in the amounts and for the periods that Lender <br /> requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not <br /> be unreasonably withheld. If Bonower fails to maintain coverage described above, Lender may, at Lender's option, obtain <br /> coverage to protect Lender's rights in the Property in accordance with pazagraph 7. <br /> All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall <br /> have the right to hold the policies and renewals. If Lender requires, Bonower shall prompdy give to Lender all receipts of paid <br /> premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.I.ender <br /> may make proof of loss if not made promptly by Borrower. <br /> Unless Lender and Bonower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the <br /> Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or <br /> repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums <br /> secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Bonower abandons the <br /> Form 30 0 <br /> ��6V(NE)�szos�.o2 CHL(06/96) Page z or s Initial . <br />