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93110894
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Last modified
6/15/2006 10:29:28 AM
Creation date
10/21/2005 1:54:15 AM
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DEEDS
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93110894
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<br />'-"........ <br /> <br />Form 3028 9/90 <br /> <br /> <br /> <br />93- 11, . <br />TOGETH ER WITH all the improvements n{\w or hereafter erected on the property. and all e<L~menl!r;"aQa.'i4:es. and <br />fixtures now 0\' hereafter a p'lrt of the prop.;;rty. All replacemenls and additions !>hall also be covered by this Security <br />Instrument. AJll'f the foregoing is referred to in this Security Instrument as the "Property." <br />BORROWE;{ COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and <br />convey the Propert.y and that the Prop::rty is unencumbered, except for encumbrances of recOld Borrower warrants and will <br />defend generally thl~ title ,0 the Property against all claims and demands, subject to any encumbrances of ret.'l.lrd. <br />THIS SECURlTY INSTRUMENT co:nbil1es uniform covenants for national use and non-uniform covenants with limited <br />....ariations by jurisdiction to constitute ~ uniform security instrument covering Ileal property, <br />UNIFORM COVENANTS. Burrower and Lel1der covenant and agrt'C as follows: <br />1. Palment of Principal and Intt'rest, Prepayment and Late Charge... Bcrrcwer shall promptly 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. Fund<; for Taxes and Insurance. SubjeCt to applicable law or to a written waiver by Lender. Bortower shall pay 10 <br />Lender on the day monthly payments are du,. under the Note. until the Note is paid in full. a sum ("Funds") for: (a) yearly ta:x:es <br />and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments <br />or ground rents on the Property, if any; (c) yearly haL1rd or property insurance premiums; (d) yearly flood insurance premiums, <br />if any; (e) yearly mortgage insurance premiums, if any; and (f) allY sums payable by Bonower to Lender. in accordance with <br />the provisions of paragraph 8, in lieu of the payment of mortcage insurance premiums. These items are called "Escrow Items." <br />Lender may. at any time, collect and hold Funds in an amonnt not to exceed the maximum amount a lender for a federally <br />related mortgage loan may require for Borrower's escrow account under the federal Re21 Estate Settlement Procedures Act of <br />1974 as amended from time to time, 12 U.S.C. Section 260 Let seq. ("RESPA"), unless another law that applies to the Funds <br />sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to excm the lesser amount. <br />Lender may estimate the amount of Funds due on the basis of curr<lnt datu "od reasonable estimates of expenditures of future <br />Escrow Items or otherwise in accordance with applicable law. <br />The Funds shall be held in an institution whose deposits are insured by a federal 113ency, instrumentality. or entity <br />(including Lender. if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the <br />Escrow Items. Lender may not charge Borrower for holding and applying the Funds. annually analyzing the escrow account. or <br />verifying the Escrow hems, unless Lender pays Borrower interest on the Funds and applicahle law permits Lender to make stich <br />a charge, However. Lender may reql:ire Borrower to pay a one-time charge for an independent real estate tax reporting service <br />used by Lender ill connection with this loan, unless applicahle law provides otherwise. l1uless an agreement is made or <br />applicable law requires interest to he paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. <br />Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower. <br />without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each <br />debit to the Funds was made. The Funds are pledged as additional security for all sumr. secured by this Security Instrument. <br />If the Funds held by LP.nder exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower <br />for the excess Funds in accordance with the requiremt"'nts of applicable law. If the amount of the Funds held by Lender at any <br />time is not sufficient to pay the Escrow Items when due, Lenrler may so notify Borrower in writing. and. in such case Borrower <br />shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency ill no more than <br />twelve monthly payments. at Lender's sole discretion. <br />Upon payment in full of all sums secured by this Security Instrument. Lender shall promplly refund to Borrower any <br />Funds held by Lender. I f. under paragraph 21. Lender shaH acquire or sell the Property. Lender, prior to th:~ acquisition or sale <br />of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against lhe sums secured by <br />this Securi:y Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under pamgmphs <br />I and 2 shall be applied: first, to any prepayment charges due under the Note; second. to amounts paY3ble under paragraph 2: <br />third. to interest due; fourth. to principal due; and last. to any late charges due under the Note. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines and impositions attributahle to the Property <br />which may attain priority over this Security Irmrument. and leasehold payments or ground rents, if any. Borrower shall pay <br />these obligations in the manner provided in paragraph 2. or if not paid in that manner, Borrower shall pay them on time directly <br />to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. <br />If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. <br />BOrr(lwer shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in <br />writing to the payn;cnt 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, kga! proceeding~ which in ,he Lender's opinion operate to prevent the <br />enforcement of the lien; or (c) secures from t!le holder of the lien an agreement satisfactory to Lender subordinating the lien to <br />this Security Instrument. If Lender deterr~ilJes that any part of the Property is subject to a lien which may attain priority over <br />this Security Instrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or <br />more of the actions set forth abcve within 10 days of :he giving of notice. <br /> <br />POll" 2 of 6 <br />
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