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88104497
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Last modified
3/9/2007 5:41:36 PM
Creation date
3/9/2007 4:39:41 AM
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DEEDS
Inst Number
88104497
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<br />UNIFORM COVENANTS Borrow~ ~dLcndfr 9o~n1n~.J: agree as follow" <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due <br />the principal orand interest on the debt evidenced by the Note and any prepayment and latc charges due under the: Note. <br />2. Funds ror Taxes and Insurance. Subject to applicable law or to a written waiver by Lender. Borrower shall pay <br />to Lender on the day monthly payments are due under the Note, until the Note is paid in full. a sum ("Funds") equal 10 <br />one-twelfth of: (n) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />lenschold payments or ground rents on the Property, if any; (c) yearly hazard insurance premioms; and (d) yearly <br />mortgage insurance premiums. ifany. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of current data and reasonable estimates offuture escrow items. <br />The Funds shan 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 permits Lender to make such a charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to be paid. Lender shall not be required If} pay Borrower any interest or earnings on the Funds. Lender <br />shaJl 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 thc Funds was made. Thc 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. shall exceed the amount required to pay the escrow items when due. the excess ~hall 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 tn Borrower <br />any Funds held by Lcnder. 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 Properly or its acquisition by Lender, any Funds hdd hy Lender al the time of <br />application as a credit against the sums secured by this Security Instrument. <br />3. Application or Payments. Unless applicable law providcs otherwise. all payments received by Lender undcr <br />paragraphs I and 2 shall be applied: first. to laic chargcs due under Ihe Note; second. III prepayment charges due under the <br />Notc; third. to amounts payable undcr paragraph 2; fourth. to intercst due; and last. to principal due. <br />4. Charges~ Liens. Borrower shall pay all taxes, assessments. charges, fines and Imposltion~ anributable to thc <br />Property which may altain priority. over this Securily Instrument, and leaschold paymenl~ or ground renlS. if any. <br />Borrower shall pay these obligations in Ihe manner provided in paragraph ~,or if not paid III that manner. Borrower shall <br />pay them on lime directly to the person owed payment. 8orrower shall promptly furOl~h to Lender all noUct."S of am0unt~ <br />to be paid under Ihis paragraph. If Borrower makes these paymcnts dlrcctly. Borrower shall promptly furnish to Lcnder <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over IhlS Security In!o.lrument unless Rorrower: (a) <br />agrces in writing to ,he paymen1 orthc obligation st:cured by the lien in a mtmner acceptable to lender; (b) contests in good <br />faith the lien by. or defends agnins( enforcement of the lien in. legal proceedings whICh In the Lender's opinitm operate 1O <br />prevent the enforcement of the Iicn or fDrfeiture of any pan of Ihe Propt:ny; or (c) M:Cun.~ from Ihe;' holder of Ihe hen an <br />IIgreement slIlisfaetory to Lender subordinating the lien to this Security In!'ttrument. If lender dcrcnmnr:s that an)" part of <br />the Property ;s subject to a hen which may attain priority over thiS Sc-cunt)' In!oltrumenl. lender may give BOrrOViL"r a <br />notice Identifying the lien. Borrower shall satisfy the lien or take one or more or the ;I(.~tinn!'t \01 forth above wllhm 10 day'" <br />of the giving of notice. <br />5. Hazard Insurance. Borrower shall keep 1he improvement~ now CXISIIII~ or hereafter erected on the Propert)- <br />insured againsllo!ts by fire. hazaros included wi1hin the term "exlended ctl\'eragc" and any other hazards for which lender <br />requires insurance. This insurance shall be maintained In the amoun1~ and for lhe pt:nnd!'> that Lender n:qUJrt.-s. The;' <br />insurance eurner providing the insurance shall be chosen by Borrower ,ubJce:t tn Lender", appnl\"ul which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shull be acceptable 10 lender and !tthullll1clude a ...tundard mongage dau~c <br />Lender shall have the right to hold lhe pOliCIL~ and renewals. If lender require... Borrower ~hall promptly gl\'( to It:ndcr <br />all receipts of paid premiums and renewal notices. In the event of IllS~, Bnrruwe;'r ...haJI gl\e prump1 nollet: to lhe In~uranl."t: <br />carrier and lender. Lender may make proof of1os~ if nOI made rrompl I) hy Borrower <br />Unless Lender and Borrower otherwise agree In wntlng, lI1!o1urancc procccd~ ...hall be applied tn re.torallon Ilr repan <br />of the Property damuged, if the restoration or repair I" economically fea~lble and Lender'... \L"CUrit)' I~ not lo!\.cned- If Ihl' <br />restorn1ion or repair is nol economically feasible or lender's secunt)' would he I~!o.ened, the msurance rrnceed!' ,hall bc <br />applied to Ihe sums secured hy this Securily Instrumenl. ~hetht:r or not Ihen due. with any excess paid 10 Bornlwer, If <br />Borrower abandon~ the Property. or does not answer withm 30 da)'~ a nollce from Lender thallhe in!'turance carner ha, <br />oftered to settle a claim, then lender may eoUcelthe 1I1\urance proceeds. lender may use Ihe proceeds to repair or restore <br />the Property or to pay !'um~ secured by this Security Instrument, whether or not then due. The JO-day period will beglO <br />when the notice is given. <br />Unless Lender and BOrnl\\'er otherwise agree 111 Wr1ttng. any apphcatlon ofproc<<d~ to pnnclpal shallllot extend or <br />postpone the due date of the monthly payment~ referred to 111 paragraph~ 1 and:! or change the amnunlllfthe paymenl~. If <br />under paragraph I Q the Property IS acquired by Lender. BorTl1wer"s nght 10 any Insurance pohclcs and proceeds re~ulring <br />from damage to the Property pnor 10 the acquislllon shall pass to Lender to the extenl nfthe "urn" ~ecured hy rhl'" Secunty <br />Instrument immediately prinr to the acquislIion. <br />6. Preservation and Mainlenance of Propet1a; Leaseholds. Borrower ..hall not de!\.lro~. damage or !\.ub~lantlall)" <br />change the Property, allow the Property to deteriorate or commit waslc. If lhl!o. Security In..lrument l!o. nn a leasehold. <br />Borrower shaH comply with the provisions of the lease, and if Borrower acqUJrL"!'t fec 111 Ie lo the Property. the lea~ehnld and <br />fee title shall nol merge unless Lender agrees to Ihe merger in writmg. <br />7, Protection or Lender's Rights in the Property; :\torlgBge Insurance. If Bnrro\\'er fail\ to perform the;' <br />covenants and agreements contained in this Security In\trumenl. or there l!o. a legal prncl'edmg that may 'olgntficantl) Jtfect <br />Lender's rights in the Propeny (such 3S a proceeding in bankruPlcy, probate. ror condemnatIOn or 10 enforcc law.. Of <br />regulations), then lender may do and pay for whatC\'cr IS necessary [0 protect thL" \-'alue nfthc Properl~ and Lcnd~r".. nghl!o <br />in the Propeny. Lender's actions may include paymg any ~ums secured h~ a hen which ha\ pnnrlly lHcr 11m. Sccunty <br />Instrument. appearing in court, paying rea~llnable attorneys' fees and entenng on the Prnrcrt~ In mak.: n:p.l1r~ Although <br />Lender may take action under this paragraph 7. Lender does not have 10 do ~n <br />Any amounts disbursed by lender under I hi!\. paragraph 7 "hall hecnml' additional dehl \1f Borro,,"cr '':l."ureJ h) t)lI!'t <br />Seeunty Instrument. Unless Borrowt~r and Ll'ndcr agrl'e 10 other term... of pa~ menl, lhe..c aOlllunl... ..hall hCrlr 1111cre",1 ffllm <br />the date of disbursement at the Note rale and "hall hc pa~ahle, "lIh IlIlerc"t, upnn Tlnlh:l' frllTll It.'oder In Bllrrll\\l"r <br />requeslmg payment. <br />
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