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88102312
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Last modified
3/9/2007 5:41:17 PM
Creation date
3/9/2007 4:34:16 AM
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DEEDS
Inst Number
88102312
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<br />88- 102312 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenanl and agree as follows: <br />1. Payment of Princ:lpal8Dd Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />Ihe principal of and interest on the debt evidenced by the NOle and any prepayment and late charges due under the Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a wrilten waiver by Lender. Borrower shall pay <br />10 Lender on the day mOnlhly payments are due under the Note. unlilthe Note is paid in full, a sum ("Funds") equal to <br />one-twelflh of: (a) yearly taxes and assessments which may altain priority over Ihis Security Instrument; (b) yearly <br />leasehold payments or ground rents on the Property. if any; (cl yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of currenl data and reasonable estimates offuture escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law pennits under '0 make ~ .~h a charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. l:..;,,, "" agreement is made or applicable law <br />requires interest to be paid. Lender shall not be required to pay Borrower ~:.:: uuerest or earnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to Ihe Funds and the <br />purpose for which each debit to the Funds was made The Funds are pledged as additional security for the sums secured hy <br />this Security Instrument. <br />If the amount of the Funds held by Lender. together with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items. shall exceed the amount required to pay the escrow items when due. the exc-'SS shall be, <br />at Borrower's option. either promptly repaid 10 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. Lender shall apply. no later <br />than immediately prior to the sale of the Property or ils acquisilion by Lender, any Funds held by Lender at the time of <br />application ilS a credit against the sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicable law provides olherwise. all payments received by Lender under <br />paragraphs 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. to interest due: and last. to principal due. <br />4, Charges; Uens, Borrower shall pay alltues. assessments. charges. fines and impositions attributable 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 Ihe 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 detennines that any pan of <br />the Property is subject 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 above within 10 days <br />of the giving ofnotice. <br />S, Hazan! Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire. hazards included within the tenn "e"lended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in Ihe amounts and for the periods that Lender requires. 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 indude a standard mongage c1au....:. <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 />carrier and Lender. Lender may make proof ofloss ifnot made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to reslorallon 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 be lessened. the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument. whether or not then due. with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has <br />offered 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 3O-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in wriling. any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referrad to in paragraphs I and 2 or change the amount of the paymenh. If <br />under paragraph 19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Propeny prior to the acquisition shall pass to Lender 10 the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preserut.lon 8Dd Maintenance of Property; Leasebolds. Borrower shall not destroy, damage or substantially <br />change the Property. allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, <br />Borrower shall comply with the provisions ohhe lease, and if Borrower acquires fee title to the Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Proteetlon of Leader'. Rlallts In tbe Property; Mortgage Insurance, If Borrower fails 10 perfonn Ihe <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding lhal may slgmlicantly alfecl <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnalion or 10 enforce laws or <br />rqulations). then Lender may d~. and pay for whatever is necessary to prolectlhe value of the Properly and Lender', rights <br />in the Propeny. Lender's actions may include paying any sums secured by a lien which has prlllruy over this Secunly <br />Instrument. appearing in court. paying reasonable attorneys' fees and enlering on the Property to make repail"o. Althoullh <br />Lender may takeaclion under this paragraph 7. Lender does not have to do 'lO. <br />. Any amounts disbursed by Lender under this pa.....graph 7 shall become addilional deht of Borrower ,ecun'll hy I hIS <br />Security Inllrument. Unless Borrower and Lender agree to olher tenDs "fpaymenl. these amounls shalll>ear InlereS! from <br />the date of disbursement at the Note rate and shall be pay'able. with Interesl. upon nOIl,'e from '-,'nder In nOTrlm,-r <br />rrqu6ting p.aYnlent <br />If lender reqUIred mortgage insurance as a condition of making the loan ,ecured hy' Ihls Sec'unly Inslrumenl. <br />Borrower shall pay rhe premiulrul required to maintain the insurance In effecl until such time as Ihe requlf<'menl fnr Ihe <br />Insurance t<,rmlDlltes In accordance wit" Borrower's and I..ender's written allrC<'menl or apphcable 11IW <br />II. IMpfttloll. lntder or its agent may make reasonahle eolnes upon andmsf'I'I.'lIons of Ihe ""'re'" I ,-n,k, <br />.hall 11'0 nnno...er notlC~ at the lime of or mor tll an Inspecllon'peclf~lD~ renwnahle tailS< lilf rhe ""1""'1'"'' <br />
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