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88104627
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88104627
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Last modified
3/9/2007 5:41:37 PM
Creation date
3/9/2007 4:40:00 AM
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DEEDS
Inst Number
88104627
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<br />88-104627 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant alld agree as follllWS' <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when dlle <br />the principal of and illterest lln the debt evidenced by the Note and allY prepaymellt ami laic charges due ullder the NOle. <br />2. Funds for Taxes and Insurance. Subjeel to applicable law or to a written waiver by Lellder. Borrower shall pay <br />to Lender Oil the day monthly payments are due ullder the Note. ulltillhe Note is paid ill full. a sum ("Funds") equal to <br />olle-twelfth of: (a) yearly taxes and assessmellts which may attain priority over this Security Instrumellt; (b) yearly <br />leasehold paymellts or groulld rellts Oil the Properly. if any; (c) yearly hazard insurance premiums; alld (d) yearly <br />mongage insurance premiums. if any. These items are called "escrow items." Lellder may estimate the FUllds due Oil the <br />basis of current datn and reasonable estimates of future escrow items. <br />The Funds shall be held in an institutiollthe deposits or accounts of which are insured or guaranteed by a federal or <br />state agency (including Lollder if Lender is such all illStitutioll). Lellder shall apply the Funds to pay the escrow items. <br />Lollder may not charge for holding and applying the Funds. allalyzing the account or verifyillg the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law permits Lellder to make such a charge. Borrower and <br />Lellder may agree ill writing that illterest shall be paid on the FUllds. Ullless an agreement is made or applicable law <br />requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower. without charge, all anllual accollnting oFthe FUllds showillg credits alld debits 10 the Funds alld the <br />purpose for which each debit to the Funds was made. The FUllds are pledged as additiollal security for the slims secured by <br />this Security Instrument. <br />If the amount of the Funds held by Lellder. together wilh the future mOllthly paymellts of FUllds payable prior to <br />the due dales of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, <br />at Borrower's option, either promptly repaid to Borrower or credi1ed to Borrower on monthly payments of Funds. If the <br />amount of the FUllds held by Lellder is not sufficient to pay the escrow items when due. Borrower shall pay to Lender allY <br />amount necessary to make up the deficiency in onc or more payments as required by Lender. <br />UpOll payment ill full of all sums secured by lhis Securit). Instrumelll, Lender shall promptly refund to Borrower <br />allY Funds held hy Lellder. If ullder paragraph 19 the Property is sold or acquired by Lender, Lender shall apply. no later <br />than immediately prior 10 lhe sale of the Property or its aequisitioll 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 />pamgraphs I and 2 shall be applied: first. to late charges due ullder lhe Note; secolld, to prepaymellt charges due under the <br />Note; third, to amounts payable under pamgraph 2; fourth, to illterest due; and last, to prillcipal due. <br />4. Chargesj Liens. Borrower shall pay aU taxes. assessments. charges, fines and impositions attributable to the <br />Propeny 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 />10 be paid ullder this paragraph. If Borrower makes lhese payments directly, Borrower shall promptly Furnish tll Lellder <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which ha't pnority over this Security Instrument unless Borrower: (a) <br />agrees to writing to the payment of the obligation secured by the lien in a manner acceptuble 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 enforcc:mc:nt of lhe lien or forfeiture of any part of the Propeny; or (c) secures from the holder of the lien an <br />agreement satisfnctory to Lender subordinating the lien to Ihis Security Instrument. If Lender determines thnt any pnrl of <br />the Property is subject to a lien which may attuin priority over this Security Instrument. Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the hen or take one or more o[the actions set forth above within 10 days <br />of the giving of notice. <br />5. Hazard Insurance. Borrower shall keep the lmprovcmenl~ no\\' existing or hereaflcr erecled on the Ilropert)" <br />insured against loss by fire. hazards included within the term "extended co\'erage" and any other ha7..ards for which Lender <br />requires. insurance. This in~urance shall be maintuined in the amounl~ und for the periods thai Lender requIre... The <br />insurance carrier providing the insurance shall be chosen by Borrower suhjecl 10 Lender's approval winch !othaJl nol be <br />unreasollably withheld. <br />AlIlnsurancc pohcies and renewals shall be acccplable to Lender and shall include a standard mortguge dUU!'oe <br />Lender shall ha,,'e the right to hold the pohcles IInd renewuls. If Lender r~quire!o.. Borrower shall promptly gIve to Lender <br />all receipts of paid premiums and renewal nohees, In Ihe event of lo~~. Borrower !'ohall gi....e prompl nollce to the lO!'turam:c <br />carrier and Lender. Lender may make proof of loss if not made prompt Iy by Horrower. <br />Unless Lender and Borrower otherwlse agree in wflllng, tn~urancc proceeds ,hall he applied to restoration (Ir repair <br />of the Propcny damaged. jf the restoration or repair is economIcally feaSIble and Lender's security i!t not Jessened. If the <br />restoration or repair is not economically feasible or Lender'~ !.ccuflty would be lessened, the insurance procecd~ shall be <br />applied to the sum~ secured by this Security Instrument. whether or Olll then due. with any c,,"cess paid to Borrower. If <br />Borrower abandons lhe Property. or does not answer withlO 30 day!ot a notice from Lender that the Insurance carrier has <br />offered 10 settle a claIm. then Lender may collect the insurance proceed~. lender may use the proceeds to repair or restore <br />the Property or to pay ~ums secured by this Sc.."'Cunt)' Instrument, whether or not lhen due. The 3D-day period will begm <br />when the notice is given. <br />Unless Lender and Borrower olherv.'ise agree m wnllng, any appl1i.~atlOn of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to In paragraph!t 1 and 2 or change the amount of the payments. If <br />under paragraph 19 1he Property is. acquired by Lender, Borr(l\\'c(s right to any Insurance pOliC1CS and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to lend.:r tothe e:w;tent of the ,urns secured by this Security <br />Instrument immediately pnor to the acquisition. <br />6. Preservation and l\laintenance or Propert)', Leasehold$. Borrower ,hall nnt deslroy. damage or !tubstantially <br />change the Property. allow the Propeny to deteriorate or commlt waste. If Ihls Seeunty Instrument IS on a leasehold. <br />Dorrm\'er shall comply with the provtslOns o[the lease. and if Borrower acqUlr~ fee mil' \0 the ProperlY, the lea~ehold and <br />fee tule shall n01 merge unless Lender agrees 10 lhe merger In Wrll1ng. <br />7, Prottttion of Lender.s Rights in the Proper.)"; ~tortgage Insurance. If Borrn\\'cr fUlI!'l III perform Ihe <br />covenants and agreements con1alned in this Seeuril)' Instrument, or there IS a legal proceeding that may ~lgJ1lficanlly alfl.'"C1 <br />Lc:nder'~ rights in the Property (such as a proceeding 10 bankruptcy, pronate. for condemnulH1n or tn enforce law.. or <br />regulations). then Lender may do and pay for whalever IS necessary to protect Ihe ...ulue of the Prnpefl) and Ll.'ndcr', fights <br />in the: Propeny. Lender'Ii action~ may mclude paying any sum~ secured by 11 hen which ha~ rrlorll)' ll\'Cr till'> Sl'Cunl) <br />Inslrumenl, appeunng in coun, paymg rcas(1nOlble attomq'~' f~ and cntcnng on the PWpCrI)' 10 make n:.plllr' Al1hough <br />Lender may take aclIon under lhis. paragraph i, Lender does not ha'o.C hl do '0 <br />An)' af11(\unts dlshuT'\ed h~' LcndcT under thlS paragraph 7 ..hall hecome addllltlnal dellt pI" Hprnl\'o.el "l'Lured hy Itw, <br />Secunty Instrument Unl~~ Borrower and Lender agrcl: 10 lllhcr lertll' \If pn)'melll. lhc..e atnllllnt.. ..hall r.t'ar Inlerc,t fnlOl <br />the da.te of dl!tbur\Cmenl al the ~(lIC ralC" and ,hall Oe pa:-ahl~. \\llh wlcn"'t, Ufl(m nnlh:C frllm 1 cmkr hI BnrrpweT <br />requt:5tlng paymenl <br />
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