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87107268
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Last modified
3/5/2007 4:29:28 PM
Creation date
3/5/2007 3:54:27 PM
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DEEDS
Inst Number
87107268
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<br />L <br /> <br />RE.RECORDED <br /> <br /> <br />UNIFORM COVENANTS. Borrower and ~l;;'c!e~a! ~~~e as follows: 87 - 106068 <br />I. Payment of Principal and Interest; Prepayment and Lute C!tur~es. Borrower \hall promptly pay when due <br />the principal of and interest on the debt evidenced by the Note and any prepayment and late charge\ due under the ~ote. <br />2. Funds for Taxes and Insurance. Subject to applicablc law or to a written waiver by lender. Borrower \hall pay <br />to Lcnder on the da~ monthly payments are duc under the Note. until the Note is paid in full. a wm ("Funds") equal to <br />one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security In,lrument: (bl yearly <br />leasehol aym~ts or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />m gage I rance premiums. if any. These items are called "escrow items." Lender may estimate the Funds due on the <br />b s', he I data and reasonable estimates of future escrow items. <br />.~fUre F Ids \hall be held in an institution the deposits or accounts of which arc insurcd or guaranteed by a federal or <br />ficncy neluding Lender if Lender is such an institution), Lender shall apply the Funds to pay the escrow items. <br />not charge for holding and applying the Funds. analyzing the account or vr.-rifyin~ the escrow items. unless <br />applicable law permits Lender to make such a clmrge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement 1\ made or applicable law <br />requires intelest to he paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower. without charge, an annual accounting of the Funds showing credits and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds arc pledged as additional security for the sums securcd by <br />this Security Instrument. <br />If the amount of thc Funds held by Lender. together wllh the future monthly payments of Funds payable prior to <br />the due dates of the escrow itcms. shall e)(ceed the amount required to pay the escrow Ilems when due, the excess shall be. <br />at Borrower's option. either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the <br />amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any <br />amount necessary to make up the deficiency in one or more payments as required by Lender. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender. Lf:nder shall apply, no later <br />than Immediately prior to the sale of the Property or its acquisition by Lender. any Funds held by Lender at the time of <br />application as a credit against the sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender under <br />parallraphs I and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the <br />Note: third. to amounts payable under paragraph 2; fourth, \0 interest due: and last. to principal due, <br />4. Charges; Liens. Borrower shall pay all ta)(es. assessments. charges, fines and impositions attributahle to the <br />Property which may attain priority over this Security Instrument. and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph, If Borrower makes these payments directly. Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />the property is suhject to a lien which may attain priority over this Security Instrument. Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth ahove within 10 days <br />of the giving of notice. <br />5. Hazard Insurance. Borrower shall keep the improvements now e)(isting or hereafter erected on the Property <br />insured againstl<lss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maimained in the :lIllounts and for the periods that Lender rcquires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withheld, <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance <br />carner and Lendl'r. Lender may make proof ofloss if not made promplly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Property damaged. if the restoration or repair is economically feasible and Lender's security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's security would he lessened. the insurance proceeds shall be <br />applied to the SUIllS secured by this Security Instrument. whether or not then due, with any e'xcess paid to Borrower. If <br />Borrower abandl)ns the Property. or docs not answer within 30 days a notice from Lender that the insurance carrier has <br />olTered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The 3D-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not e)(tend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If <br />under paragraph 19 the Property is acquired by Lemler. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrnment immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not deslroy. damage or substantially <br />change the Property. allow the Property to deteriorate or .:ommll waste. If this Security Instrument is IlIl a leasehold. <br />Borrower shall comply with the provisions of the il'ase. ami if Borrower acqlllres fee title to the Property. the leasehold and <br />fee title shall not merge unless Lender agrees to the mer~er III Wrltlllg. <br />7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the <br />covenants and agreement.. .:ontained III this Se,:ullty In\trumenl. or there is a Iegall'ro.:e.:ding Ihal may signilkantly atrect <br />Lender's rights in the Property (such as a pro.:eedlnll In bankrupt<:y, prOhall'. for ':Ilndemnatton or 10 enfor.:e laws or <br />regulations). then LI'nder may do and pay for whate\'l'r IS nl'cessary to proteI'! the valuc of the Property and Ll'nder's rights <br />in the Property. Lender', al'liom may lIIe1ude paYII1ll any sums secured by a Iiell whi.:h has pril1rilY lWeI' this Se.:urity <br />Inslrument. appc'anng in .:oun. paying reasl1nahk atl.'1 n.:ys' fees and enknng on Ihe l'ropen\. IOlIlake re\,'lIr,. Althoullh <br />Lender may lake a':lion uncler Ihis paragraph 7. L':lllkr docs nOI have to dl' ",. <br />Any amounts disbursed by I.ender umkr I hl\ paragraph 7 shall benlnll' acldllI01"" debl of Borrower sel'ured hy Ihi, <br />Se,:urlty Instrulllc'lI1. Unle,' Borrower and I.elllkr agr.:e III other lerlllS I)f pay lIlen!. thes.: alll"lllllS ,hall bear interest from <br />the date of di,hur,elllent al the Note rate and ,hall he payahil', wllh IIII.:r.:\1. upon IWlh'" fn'", Lellcler 10 Borrower <br />rC4ucsllllg paYlllell1 <br /> <br /> <br />r <br /> <br /> <br />,.--------.. <br /> <br />J~ <br /> <br /> <br />h ' <br /> <br />_J <br />
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