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200600286
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1/11/2006 4:27:11 PM
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1/11/2006 4:27:10 PM
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DEEDS
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200600286
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<br />200600286 <br /> <br />due under the Note shall not extend or postpone the due date, or change the amount, of the <br />Periodic Payments. <br /> <br />3. Funds for Escrow Items. Upon Lender's request, Borrower shall pay to Lender <br />on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the <br />"Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items <br />which can attain priority over this Security Instrument as a lien or encumbrance on the Property; <br />(b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all <br />insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or <br />any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums <br />in accordance with the provisions of Section 10. These items are called "Escrow Items." At <br />origination or at any time during the term of the Loan, Lender may require that Community <br />Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees <br />and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices <br />of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items <br />unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. <br />Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at <br />any time. Any such waiver may only be in writing. In the absence of Lender's request for <br />Borrower to pay Funds for Escrow Items to Lender or after such request in the event of such <br />waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow <br />Items for which payment of Funds has been waived by Lender and, if Lender requires, shall <br />furnish to Lender receipts evidencing such payment within such time period as Lender may <br />require. Borrower's obligation to make such payments and to provide receipts shall for all <br />purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the <br />phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow <br />Items directly, and Borrower fails to pay the amount due for an Escrow Item, Lender may <br />exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated <br />under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or <br />all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such <br />revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required <br />under this Section 3. <br /> <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and <br />impositions attributable to the Property which can attain priority over this Security Instrument, <br />leasehold payments or ground rents on the Property, if any, and Community Association Dues, <br />Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall <br />pay them in the manner provided in Section 3. <br /> <br />Borrower shall promptly discharge any lien which has priority over this Security <br />Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the <br />lien in a manner acceptable to Lender, but only so long as Borrower is performing such <br />agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, <br />legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while <br />those proceedings are pending, but only until such proceedings are concluded; or (c) secures from <br />the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security <br /> <br />CHARl\764150_ 1 <br /> <br />14 <br />
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