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200610931
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12/11/2006 3:33:30 PM
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12/11/2006 3:33:29 PM
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200610931
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<br />200610931 <br /> <br />BORROWER COVENANTS that Borrowcr is lawfully seiscd of the estate hert:by conveyed and has <br />the right to grant and convey the Property and that the Propt:rty is unencumbered, except for encumbrances <br />of record. Borruwer warrants and will defcnd generally the title to the Property against all claims and <br />demands, subject to any t:ncumbrances of rt:cord. <br />THIS SECURITY INSTRUMENT combines uniform cuvenants for national use and non-uniform <br />covenants with limited variations by jurisdiction to constitute a unifufJll security instrument covering real <br />property. <br />UNIFORM COVENANTS. Borrower and Lender covcnant and agrec as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. <br />Borrower shall pay when due the principal uf, and interest un, tht: debt evidt:nced by the Nutt: and any <br />prepayment chargt:s and late ehargt:s due under the Nott:. Borrower shall also pay funds for Escrow ltt:ms <br />pursuant to Sectiun 3. Payments due under the Note and this Security Instrument shall be made in U.S. <br />eurrt:ncy. However, if any check or other instrument receivt:d by Lender as payment under tht: Note or this <br />Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments <br />due under tht: Note and this Security Instrumt:nt be madc in ont: or more of the following forms, as <br />selccted by Lendcr: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an instiultion whose dt:posits are insurt:d by a <br />fedt:ral agency, instrumentality, or entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at <br />such other location as may be designated by Lender in accordance with thc notice provisions in Section IS. <br />Lender may rdum any payment or partial payment if the payment or partial payments are insufficient to <br />bring the Loan current. Lender may accept any payment or pa11ial payment insufficicnt to bring the Loan <br />current, without waivcr of any rights hereunder or prejudicc to its rights to refuse such payment or partial <br />payments in the future, but Lender is not obligated to apply such payments at the time such payments arc <br />accepted. If each Periudic Paymcnt is applied as of its scheduled due date, then Lender nced not pay <br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring <br />the Loan current. If Borrower does not do su within a reasonable period of time, Lender shall either apply <br />such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding <br />principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower <br />might have now or in the future against Lender shall relieve Borrower from making payments due under <br />the Note and this Security Instrument or performing the covenants and agreements secured by this Security <br />Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all <br />paymcnts accepted and applied by Lcnder shall be applied in the following order of priority: (a) interest <br />duc under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments <br />shall bc applicd to each Periodic Paymcnt in the ordcr in which it became duc. Any remaining amounts <br />shall be applied first to late charges, second to any other amounts due under this Security Instrument, and <br />then to reduce the principal balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a <br />sufficicnt amount to pay any late charge due, the payment may be applied to thc delinquent payment and <br />the late charge. If more than one Pcriodic Payment is outstanding, Lender may apply any payment received <br />from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be <br />paid in full. To the extent that any excess exists after the paymcnt is applied to the full payment of one or <br />more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall <br />be applied first to any prcpayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or :Miscellaneous Proceeds to principal due under <br />the Note shall not cxknd or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments arc due <br />under the Note, until the Notc is paid in full, a sum (the "Funds") to provide for payment of amounts due <br />for: (a) taxes and assessments and other items which can attain priority ovcr this Security Instrument as a <br />lien or cncumbrance on tht: Property; (b) leasehold payments or ground rents on the Property, if any; (c) <br />premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance <br /> <br />~-6A(NE) (0407) <br /> <br />Page 4 of 15 <br /> <br />c 9 I{tl <br /> <br />,nitia,s,--,..Ap(' <br />Form 3028 1101 <br /> <br />00858075 <br />
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