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200610518
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11/28/2006 1:32:25 PM
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11/28/2006 1:32:24 PM
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200610518
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<br />4357692426 <br /> <br />200610518 <br /> <br />BORROWER COVENANTS that Borrowcr is lawfully seised of the estate hereby conveyed and has <br />the right to grant and convey the Property and that the Propcrty is unencumbcrcd, except for encumbrances of <br />record. Borrower warrants and will defend generally the title to the Property against all elaims and demands, <br />subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines unifonll covenants for national use and non-unifonll <br />covenants with limited variations by jurisdiction to constitute a unifonn security instrument covering real <br />property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. <br />Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any <br />prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items <br />pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. <br />currency. However, if any check or other instrument received by Lender as payment under thc Note or this <br />Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments <br />due under the Note and this Security Instrument be made in one or more of the following fonns, as selected <br />by Lcnder: (a) cash; (b) money order; (c) certiHed check, bank check, treasurer's check or cashier's check, <br />provided any such cheek is drawn upon an institution whose deposits arc insured by a federal agency, <br />instrumentality, or entity; or (d) Electronic Funds Transfer. <br />Payments are deemcd received by Lender when received at the location designatcd in the Note or at <br />such othcr location as may be designated by Lender in accordance with the notice provisions in Section 15. <br />Lender may return any payment or partial payment if the payment or partial payments are insuft1cient to bring <br />thc Loan current. Lender may accept any payment or partial payment insuft1cient to bring the Loan current, <br />without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in <br />the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each <br />Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied <br />funds. Lender may hold such unapplied funds until BOlTower makes payments to bring the Loan currcnt. If <br />Borrower docs not do so within a reasonable period of time, Lender shall either apply such funds or return <br />them to BOlTower. If not applied earlier, such funds will be applied to the outstanding principal balancc under <br />the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the <br />future against Lender shall relieve Borrower from making payments due under the Note and this Security <br />Instrument or pcrfornling the covenants and agreements securcd by this Security Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments <br />accepted and applicd by Lender shall be applied in the following order of priority: (a) interest due under the <br />Note; (b) principal due under the Note; (c) amounts due under Section 3. Such paymcnts shall be applied to <br />each Periodic Payment in the ordcr in which it became due. Any remaining amounts shall be applied Hrst to <br />latc charges, second to any other amounts due under this Security Instrument, and then to reduce the principal <br />balance of the Notc. <br />If Lendcr receives a payment from Borrowcr for a delinquent Periodic Payment which includes a <br />suft1cient amount to pay any late charge due, the payment may be applied to the delinquent payment and the <br />late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment receivcd from <br />BOlTower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in <br />full. To the extent that any excess exists after the payment is applied to ilie full payment of one or more <br />Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be <br />applicd fIrst to any prepayment charges and then as described in tlle Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under tlle <br />Note shall not extend or postpone the due date, or changc the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on tlle day Periodic Payments are due under <br />the Note, until the Note is paid in full, a sum (tlle "Funds") to provide for payment of amounts due for: (a) <br />taxes and assessments and otller items which can attain priority over iliis Security Instrument as a lien or <br />encumbrance on the Property; (b) lcasehold payments or ground rcnts on the Property, if any; (c) premiums <br />for any and all insurance required by Lender undcr Section 5; and (d) Mortgage Insurance <br /> <br />.-6A(NE) (0407) <br /><!l <br /> <br />Page 4 of 15 <br /> <br />'",., {fA 0J1{; <br /> <br />~ Form 3028 1101 <br />
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