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88104750
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3/9/2007 5:41:38 PM
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3/9/2007 4:40:17 AM
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DEEDS
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88104750
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<br />88- 1 <br /> <br />UNIFORM COVENANTS Borrower and Lender covenant and agree os follows: 0475 0 <br />I. Paymnl of PriDelpal and Interal; Prepayment and Late Chal'Jl'" Borrower shall promptly pay when due <br />the principal orand interest on the debr evidencM by the Note and any prepayment and Jate charges due under the Note. <br />:l. FlI.... for r........d I..urance. Subject to applicable law or to a wriUen w....r by Lender. Borrower shall pay <br />to Lender on the day monlhly payments are due under the Note. untillhe Note is paid in full. a sum ("Funds") equal 10 <br />one-twelfth of: (a) yearly takes and assessments which may auain priority over this Security Instrument; (b) yearly <br />leasehold paymenlS or Bround rents on Ihe Property, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />monpae insurance premiums. if any. These items arc called "escrow items." Lender may estimate the Funds due on the <br />basis oreurrent data and reasonable estimates of future escrow items. <br />The Funds shaD be held in an institution the deposits or accounts of which are insured or guaranteed by B federal or <br />state ~cy (includinB Lender if Lender is such an inSlitution), Lender shall apply the Funds to pay the escrow items, <br />Lender may not chl'gl: for holding and applying the Funds, analyzing the account or \lerifying the escrow hems, 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 to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower. wilhoUl charge, an annual accounting crlhe Funds showmg 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 Securily Instrumenl. <br />If Ihe amount of the Funds held by Lender. loselher with Ihe fUlurc monthly payments of Funds payable prior to <br />the due dates ofthe escrow items. shall exceed the amounl required to pay the escrow items when due, the excess shall be, <br />al Borrowcr's option. either promptl}' repaid to Borrower or credited 10 Borrower on monthly payments of Funds. If the <br />amount of the Funds held by Lender is nOl 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 paymentlD 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 Propeny is sold or acquired by Lender. Lender shall apply. no later <br />than immcdis:tely prior to the sale of the Propeny or its acquisition by L~nder. any Funds held by lender at the time of <br />applicalion lIS a credit against the sums secured by this Security Instrument <br />3. AppUratioD or PaymeDb. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first, to Iale 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 lasl. to principal due. <br />4. Claqa; Ueu. Borrower shall pay all taxes. assessments, charges, fines and impositions attributable: to the <br />Property which may attain priority o\ler 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.ao the person owed payment. Borrower shall promplly 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 e....idencing the payments. <br />Borrower shan promptly discharge any lien which has pnori1y o\ler thiS SecurilY Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable 10 Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal proceedmgs which In the Lender's opinion operate 10 <br />pre\lent the enforcemenl of the lien or forfeiture of any pan of the Propeny; or (c) secures from Ihe holder of the lien an <br />agreement SAtisfactory 10 Lender subordinating the lien 10 this Security Instrument. If Lender determines thai any pan of <br />the Propeny is subject 10 a lien which may attam priorilY over this Secunty Instrument. Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set fonh above within 10 days <br />of the giving of notice. <br />S, Huard Insurance. Borrower shall k.eep Ihe impro\lemenl!li now ~usllng or hereafter erected on the Property <br />insured apinstloss by fire. hazards mcluded wilhin the lenn "extended co\'~rage" and any other hazards for which lender <br />requires insurance. This insurance shall be: mainlamed m Ihe- IImounU and for Ihe periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower ~ubJecl 10 under's approval which shall nol be <br />un_ably wilhheld, <br />AU insurance poliCIes and renewals shall be acceptable 10 Lender Ilnd shallmclude a standard mongage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender reqUires. Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal noliccs. In the e\lenl of los!!. Borrower shaJJ give prompt notice to the insurance <br />carrier and Lender. Lender may make proofofloss irnot made promplly by Borrower. <br />Unless Lender and Borrower olherwise agree in wnllng, IDsurance proceeds shall be applied to restoration or repair <br />of the Property damaged. if the restoration or repair is economically feasible and lender's security is nol lessened. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, Ihe insurance proceeds shall be <br />applied to the IiUms secured by this Security Instrument, whether or nol then due, with any exce.'iS paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a nor ice from Lender that the insurance carrier has <br />offered to settle a claim, tben Lender may collect Ihe Insurance proceeds. lender may use the proceeds to repair or restore <br />the Propcny or to pay sums secured by this Security Instrumenl, whether or nol then due. The 3O-day period will begin <br />when Ihe notice is given. <br />Unle55 Lender and Borrower otherwise agree 10 writing, any apphcatlon of proceeds to principal shall not cJuend or <br />postpone the due date of the monthly payments referred to lD paragraph!. I and 2 or change Ihe amount ofrhe payments. If <br />under parqrapb 19 the Properly is aC{(uired by Lender. Borrower's right 10 any lOsurance policies and proceeds resulting <br />from damage to the Propeny prior to the aC{(uisition shaH pass 10 Lender to the ex.tent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Praenalion and Malat........ of Properw; Leuebolda. Borrower shall not destroy. damaBe or subslanhally <br />chanae the Propeny, allow the Propeny to deteriorate or commit waste. If thiS Secunl)' Instrument IS on a leasehold, <br />Borrower shan comply with Ihe provisions of the lease. and if Borrower acquires fee tille to the Propeny. the leasehold and <br />fee title Iball not merge unless Lender agfCCS to thc merger in writing. <br />7. Protection of Leader'. Rip.. in lbe Propert)'j Mortgqe Insurance. If Borrower fails to perform the <br />COVenaJlls and agreements contained in Ihis Security instrument. or there 15 a legal proceeding Ihal may sIgni6canlly affect <br />Lender's rights in the Propen.y (such as a proceeding in bankruptcy, probale, for condemnallon or to enforce law... or <br />regulations), then Lender may do and pay for whatever is necessary to protectlhe "alue of the Propen)' and Lender's nghcs <br />in lhe Property. Lender's actions may mc1ude paying any sums secured by a hen which has pnont)' over Ihls Securll)' <br />Instrument. appearing In coun, paymg reasonable attorneys' fees and entenng on the Pro~rt)' 10 make repal~. Although <br />Lender DlIIY take action under thiS paragraph 1. Lender dDe5 n01 ha\ie 10 do ~o <br />Any amounts dlsbun.cd by lender under chiS paragraph" shall become nddlllOnal debt of Borrower secured b)' Ihl!t <br />Secunty I",trome-nt Unless Borrower and Lender l!Igra: 10 olher terms of pa)'mc:nt. thoe amounr~ ..hall bear Inlerr-\l frnm <br />the date of d"bunemcnl II the" Nore ra.le and sh.1l be; payable. wuh anre"rC'1t. upon n~lcr from lender 10 Hnrw-.rr <br />rcqurstln. pa)mrnl <br />
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