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88104703
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1988
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88104703
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Last modified
3/9/2007 5:41:38 PM
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3/9/2007 4:40:10 AM
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DEEDS
Inst Number
88104703
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<br />88- 104703 <br /> <br />UNIFORM COVENANn, Borrower and Lendercoven.nl and agree as follows, <br />1. PIIyJl1tnl of Principal and lnleral; Prepayment and !.ale Ch.r8C1, Borrower shall promptly pay when due <br />the principal orand interest on the debt evidenced by the Note and any prepayment and lale charges due under the Note. <br />Z. Funds rorTues and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments arc due under the Note, unli11he: Note is paid in full, a sum ("Funds") equal to <br />onc-lwetnh of: (a) yearly tues and assessments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rents on lhe Property, if any: (c) yearly hazard insurance premiums; and (d) yearly <br />mons.se 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 offUlure escrow items. <br />The: Funds shall be held in an institution the deposits or accounts of which arc insured or guaranteed by a federal Of <br />slate agency (includins Lender if Lender is such an institution), Lender shall apply the Funds 10 pay the escrow items. <br />Lender may nol charse for holding and applying the Funds, analyzing lhe account or verifying the escrow items, unless <br />Lender pays Borrower inlerest on the Funds and applicable law pertnits Lender 10 make such a charse. Bnrrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made Of applicable law <br />requires interc5.t 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. an annual accounting arlhe Funds showing credits and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds arc pledged as additional security for the sums secured by <br />lhis Security Instrument, <br />Ifth. amounl oflhe Funds held by Lender, together with the future monthly paymenls of Funds payable prior to <br />the due dates orlhe 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 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 Instrumenl. Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under parasraph 19 the Property is sold or acquired by Lender. Lender shall apply. no later <br />than immediately prior to the saIe of the Property or its 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. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs 1 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~ founh, to interest due; and last. to principal due. <br />4. CIIaraes; U.... Borrower shall pay all taxes. assessments. charges. fines and impositions auributable 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 nol 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 directly, Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharse any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment orthe 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. legaJ proceedinss 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 />asreement satisfactory to Lender subordinalins the lien to this Securi.y Instrument. If Lender delertnines that any part 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 shan satisfy the lien or take om: or more of the actions set fonh above within 10 days <br />ofthe givies of notice. <br />5. Huard InsuraDC:e. Borrower shaH keep the improvements now ex.isting or hereafter erccted on the Property <br />insured against loss by fire, hazards included within the tenn "extended 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 shan include a standard mortgage clause. <br />Lender shall have the riShllo 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 proofofl0S5 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 damased. ifthe restoration or repair is economically feasible and Lender's security is notlcssened, If the <br />restoration or repair is not economically feasible or Lender's security would be Jessened. the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument,. whether or not then due. with nny excess paid to Borrower. If <br />Borrower abandons the Propeny. or docs not an.swcr within 30 days a notice from L=nder that the insurance carrier has <br />otf~ 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 15 given. <br />Unless Lender and Borrower otherwise agree an writing. any application of proceeds 10 principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 1. or change the amount of the payments. If <br />under paragraph J9 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Propcny prior to the acquisition shall pass to Lender 10 Ihe extent of the sums secured by this Security <br />Instrumenl immediately prior to the acquisition. <br />6. P'reRn'ation aDd MalatelWlce of Proper1J; Leaseholds. Borrower shall not destroy. damage or substantially <br />change the Propeny, sUow the Property to deteriorate or commit waste. If this Securily Instrument is on a leasehold, <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee title to the Property, the leasehold and <br />fee title ihall not merge unless Lender agrees to the merger in writing. <br />7. Protectioa of Leader'. Ripb in the Property; Mortpae IlIIurance. If Borrower fails 10 perform the <br />covenants and agrecmen15 contained in this Security Instrument. or there IS a legal proceeding that may significantly affect <br />I..cnder's rights in the Propc:rty (such u a proceeding in bankruptc)'. probate. for condemnauon or to enforce laws or <br />rqulations). then Lender may do and pay for whatevCf is necessary to protect the ....alue of the Propeny and Lender's nghts <br />m the Property. Lender's actions may include paying any sums secured by a lien which ha~ pnoOl)' over thl~ Sc:cunty <br />Instrument. appcannl in coun, paymg renonable attorneys' fees and enteong on 1he Proveny to make repaiB. Although <br />Lender may take acuon under thiS parar;uph 7. Lender docs nol have (0 do ~o <br />A.ny amounudlsbuned by Lender under Ihi!. paragraph 7 shall become addtllonal debl of Borrower ~ured b)' 1hl!. <br />Secunty InstrumCnl UnlC'Mo BorTo"",.cr and Lender agree 10 other lenm. of payment. these amount!> !'ohllll bear IDlerc:!t1 from <br />the dale of dlsbunc:menl a' the Nolc ralc and ,han be' payable. ""llh mlercs.l. upon nOllcl: from lcnder III Borrower <br />requcs.unl payment <br /> <br />, j \ <br />
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