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88102494
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Last modified
3/9/2007 5:41:18 PM
Creation date
3/9/2007 4:34:43 AM
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DEEDS
Inst Number
88102494
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<br />88- '102494 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Prlnc:lpal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />Z. Funds for Taxes and Insurance. Subjecl to applicable law or 10 a written waiver by Lender. Borrower shall pay <br />to Lender on Ihe day monthly payments are due under the Note, until the Note is paid in full. a sum ("Funds") equal to <br />one-twelfth of: (a) yearly tOiles and assessments which may attain priority over Ihis Security Instrument; (b) yearly <br />leasehold payments or ground rents on the Property. if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgale insurance premiums. if any, These items are called "escrow items." Lender may eslimate the Funds due on the <br />basis of currenl data and reasonable estimates of future 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 alency (Including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charae for holding and applying the Funds, analyzing the account or verifying the escrow it-'Ds. unless <br />Lender pays Borrower interest on the Funds and applicable law pennits Lender to make ".ell !l .:barge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless an agreemecl: ,<; 11..u1e or applicable law <br />requires interesl to be paid. Lender shall nol be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall Jive to Borrower. wilhout 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 are pledged as additional security for the sums secured by <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, shaH exceed the amount required to pay Ihe escrow items 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 15 not sufficient to pay the escrow ilems 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 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. AppUcatlon of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first. to late charges due under Ihe 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. Cbaraes; UeDl. Borrower shall pay alllaxes, 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 obligalions 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 direclly, Borrower shall promptly fumisb 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 />qrees in writing to the payment of the obligation ~ured 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 Ihe lien to this Security Instrument. If Lender detennines that any pan of <br />the Property is subject to a lien which may altain priority over this Seeurily Instrument, Lender may give Borrower a <br />nOlice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions sel fonh above within 10 days <br />of the Jiving ofnotice. <br />5. Huanlluurance. Borrower shall keep Ihe improvements now exisling or hereafler erected on the Propeny <br />insured against loss by fire. hazards included within Ihe tenn "elltended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the 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 include a ~tandard mortptC clause. <br />Lender shall have the risht to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender <br />all receipls of paid premiums and renewal nOlices. [n Ihe event of loss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss ifnol made promptly 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 resloralion or repair is economically feasible and Lender's securily 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 ellcess 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 />olI'ered to sellle a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds 10 repair or restore <br />the Property :lr 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 writing. any application of proceeds to principal shall not ClItend 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 Lender. Borrower'~ right to any insurance policies and proceeds resulting <br />from dlmage to the Property prior to the acquisilion shall pass to Lender to the elllent of Ihe sums secured by this Securily <br />Instrument immediately prior to the acquisition, <br />6. Prae"atlon and Maintenance of Propel'JJ; Leaseholds. Borrower ~hnll not destroy, damage or subslantially <br />change the Propeny. allow the Property to deteriorate or commit wasle. If Ihis Security Instrument is on a leasehold. <br />Borrower shall comply wilh the provisions ofthe lease, and if Borrower acquires fee litle to Ihe Property. the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of LeJlcler'a Rlpt. In the Property; Mor'pae IDlurance. If Borrower fails to perform the <br />covenants and agreemenls contained in this Security Inslrument, or Ihere is a legal proceeding lhat may significanlly aWect <br />Lender's rights in Ihe Propeny (such as a pro..o:eding in bankruptcy, probate, for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to prolectlhe value oflhe Property and Lender's righls <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priorily over this Security <br />Instrument, appearing in court, paying reasonable allomeys' fees and entering on the Property to make repairs, Allhough <br />Lender may take aClion under this paragraph 7. Lender docs not have 10 do so, <br />Any amounlS disbursed by Lender under this paragraph 7 shllll become additional debl of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree 10 other terms of payment, these amounts shall bear interest from <br />the date of disbursemenl at .he Note rale and shall be payable. wuh Inlerest. upon notice from Lender to Borrower <br />requesting payment. <br />
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