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88104489
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88104489
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Last modified
3/9/2007 5:41:36 PM
Creation date
3/9/2007 4:39:40 AM
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DEEDS
Inst Number
88104489
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<br />88-104489 <br /> <br />UNIFORM COVENANTS. Borrower and Lender cnvenant and agree as follows: <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal ofand interest on thc debt cvidcnced by the Note and any prcpayment and late charges due undcr the Notc. <br />2. Funds for Taxes and Insurance. Subject to applicablc law or to a writtcn waiver by Lende;, Borrower shall pay <br />to Lendcr on the day monthly payments are due under thc Notc, until the Note is paid in full, a sum ("Funds") equal 10 <br />one-twclfth of: (a) yearly taxes and assessmcnts which may attain priority over this Security Instrumcnt; (b) yearly <br />leasehold payments nr ground rcnts on the Propeny, if any; (c) yearly hazard insurance prcmiums; 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 current data and reasonable estimates of future escrow items. <br />The Funds shall be hcld in an institution the deposits or accounts of which are insured or guarantced by a fedcral or <br />state agency (including Lendcr if Lcnder is such an institution). Lender shall apply the Funds to pa~ the escrow items. <br />Lender may not charge for holding and applying the Funds. analyzing the account or verifying the escrow itcms, unless <br />Lender pays Borrowcr intcrest on the Funds and applicable law pennits Lcnder to makc such a chargc Borrower and <br />Lendcr may agrce in writing that interest shall be paid on the Funds. Unless an agreement is made 01 ..pplicablc law <br />requires interest 10 be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. lender <br />shall givc to Bnrrowcr, without charge. an annual accounting of thc Funds showing credits and dcbilS to lhe Funds and the <br />purpose for which each debit to thc Funds was made. The Funds are pledgcd as additional security br the sums secured by <br />this Security Instrument. <br />If the amount of the Funds held by Lender. logethcr with the future mOnlhly payments of Funds payable prior to <br />the due dates of the escrow items, shall cxceed the amount rcquired to pay the escrow itcms when duc. the cxeoss shall be, <br />at Borrower's option. cither promptly repaid to Borrower or credited 10 Borrower on monthly payments of Funds. If thc <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 />amou"1 necessary to make up the deficiency in one or more paymems as required by Lender. <br />Upon paymcnt in full of all sums securcd by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lcnder, If undcr paragraph 19 thc Propcny is sold or acquired by Lender. Lender shall appl~, no later <br />than immediately prior to the salc of the Propeny or its acquisition by Lender, any Funds hcld by Lender at the lime of <br />application as a credit against the sums secured by this Security Instrument. <br />3. Application or Payments. Unless applicablc law provides otherwISe. all payments receIVed by Lender under <br />paragraphs] and 2 shall be applicd: first. to latc charges duc undcr the Note: second, to prepayment charges due under the <br />NOlC: third, to amounts payable undcr paragraph 2: founh, to mterest due: and last, to principal due. <br />4. Cbarges; Ucns, Borrowcr shall pay all taxes, assessments. charges, fines and imposllions attributable \0 the <br />Property which ma)' anain priority over thj~ Security In!!olruOlent. and leasehold p3)'mc:nts or ground renh. if an\' <br />Borrower shall pa)' these obligations in the manner pro\'ld~d In paragraph 2. or if not paid In that manner, Borrower ",h~1I <br />pay them on time directly 10 the person owed payment. narrower ..hall promptly furm~h to under an notlct:'!lo of amounb <br />to be paid under thIS paragraph. If Borro'.ver makes these payments dircctly, Borrowcr shall promptly furnIsh III Lender <br />receipts evidencing the payments. <br />Borrower shall promptl~,. discharge any hen which hID. pnont)' ov('r thl~ Security In~trumenl unless. Borrower: (a) <br />agrees in writing to the payment of the obligatIOn sccured by the hen m a manner acccptable to Lcnder: (b) COnleslS in good <br />faith the lien by. or dcfends agams! enforcemenl of the lien m, legal proccedmgs whIch m the Lender's opimon opera.e 10 <br />prevent the enforccmenl of the lien or forfciture of any pan of the I'ropeny: or (c) secures from the holder of the hcn an <br />agreement satisfactory to Lcnder subordmating thc lien to thIS Seeunty Instrument. If Lendcr detcnnmes that any pan of <br />.hc Propeny IS subJcct to a lien which may anam pnonty mer thIS Sc.:unty Instrument. Lender may gJ"c Borro"er a <br />notice idcmif)'ing the lien. Borrower shaH ~tisfy the lien or take one or more of the aCllons set fonh aoo\'e \\ithm 10 day!l. <br />ofthe giving of notice. <br />!i. Hazard Insurance. Borrower shall keep the 'mpro\'em~nts now existing or hereafter erected on th~ Propenl <br />insured against loss b)' firc, hazards included wllhm the !enn "ex'cnded coverage" and an) other hazards for whIch Lender <br />requires insurancc, This insurancc shall be maintained m thc amounts and for lhe penods that Lender reqUIres. The <br />insurancc carner providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably withheld. <br />All insurancc poliCIes and renewals shall be acceptablc to Lcnder and shall mcludc a standard mongagc clause. <br />Lender shall have the righl to hold the policies and rcnewals. If Lender requires. Borrower shall promptly. gIVe to Lender <br />all receipts of paid premium~ and renewal nollces. In the event of loss. Borrower shall g;,.c prompt nOllce to the msurance <br />carricr and Lender. Lender may makc proof ofloss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing. msurance proceeds shall be apphed to restoration or rc:p;.1f <br />of the Propeny damaged. if the restorallon or re~alr is economically feasible and Lender's security IS not I"",ened. If the <br />restoration or repair is not economically feastble or lender's secunty would be losenoo. the in~urance proceeds shall be: <br />applied to the sums secured by this Security Instrument. whether or not then due. with an)' eJtces.Ci paid to BOrrO\\.cT. If <br />Borrower abandons the Propert)'. 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 10 repair or restore <br />thc Property or 10 pay sums secured by this Secumy Instrument. whether or not then due. Thc 30-da)' penod WIll begm <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing. any application of proceeds to pnnclpal shall not e~tend or <br />postpone thc due date of the monthly payments referrcd to in paragraphs I and 2 or change the amount of the payments. If <br />under paragraph 19 the ProperlY is acquired by lender, Borrower's nght to any insurance pohcic:s and proceed." r~ull1ng <br />from damage to the Propeny prior to the acquisition shaH pass to lender to the eMent of the ~ums s.ecured by lhl'i Secunty <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not dotroy. damage or !'.ubslantlally <br />change the Property, allow the Propert)' to deteriorate or commit waste. If thi~ Security Instrument is on J. leasehold. <br />Borrower shall comply with the provisions of the l~. and if Borrower acquires fee title to the Property. the Ic:asehold and <br />fee title shall not merge unless lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fail~ [0 perform the <br />covenants and agreements contained in this Security Instrument, aT there is a legal proceedmg Ihat may sigmficantly affect <br />Lender's rights in the Property (such as a procceding in bankruptcy. probatc, for condemnallon or to enforce laws or <br />regulations). then Lcnder may do and pay for whatevcr is necessary to prOlect the value of the Propeny and lender's rights <br />in the Property. Lender's actions ma} include paying an}' sums secured by a lien which ha~ prionr~ over IhlS Securlly <br />InMrument, appearing in court, paying reasonable attorneys' fees and entering on (he Property to make repalr!t. Although <br />Lender may take action under Ihis paragraph 7, lender does not have to do so. <br />An)' amounts disbursed by Lender under this paragraph 7 shall become additIOnal debt of Borrower "l.'('ur~ h~ tht~ <br />Security Instrument. Unless Borrower and Lender agree (0 other terms of payment, these amount!'. ~hall hear m(crl.~1 from <br />the date of disbursement al the Note rate and ~han he payable, with imeres!. upon notll.-C from Lender III Bnrnl\\cr <br />requesting payment. <br />
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