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<br />200700673 <br /> <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. Borrower warrants and will <br />defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br /> <br />TIllS SECURITY INSlRUMENT 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 /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due <br />the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the <br />Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security <br />Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under <br />the Note or this 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 forms, as selected by Lender: (a) <br />cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn <br />upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds <br />Transfer. <br /> <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other location <br />as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or <br />partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment <br />or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to <br />refuse sueh payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such <br />payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on <br />unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower <br />does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not <br />applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. <br />No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making <br />payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this <br />Security Instrument. <br /> <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and <br />applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the <br />Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it <br />became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this <br />Security Instrument, and then to reduce the principal balance of the Note. <br /> <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay <br />any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic <br />Payment is outstanding, Lendcr may apply any payment received from Borrower to the repayment of the Periodic Payments if, <br />and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the <br />full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments <br />shall be applied tirst to any prepayment charges and then as described in the Note. <br /> <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not <br />extend or postpone the due date, or change the amount, of the Periodic Payments. <br /> <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the <br />Note is paid in full, a sum (the" 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; (b) leasehold payments or <br />ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; <br /> <br />_ ~A(NE) (0407).01 <br />(!) <br />DDS-NET <br /> <br />Pogo 4 of 15 <br /> <br />Inltiob' \) + ( <br />Ok--- <br /> <br />Form 3028 1101 <br />