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88105105
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Last modified
3/9/2007 5:41:41 PM
Creation date
3/9/2007 4:41:09 AM
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DEEDS
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88105105
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<br />... <br /> <br />UNII'OR" COVENANTS norrowor nnd londor c8~nllfn2B JrQI.R" <br />1. Payment or Principal and Interest; Prepayment Rnd Late Charges. Borrower ~hlll1 prnmpll)' puy whell due <br />the rnnc1pulufnnd interest on the debt evidenced by the Note Dnd nny prcpnym..:nt and lute charg..:", due und~r the NOh:. <br />2. funds for T81Il:es and Insurance. Subject to applicable Inw or lO 11 written WQI\'cr by Lender. Ilormwer !ohllll PO)' <br />10 Lender on the doy monthly pnyments orc due under the Note. until the Note is paid in rull. n "urn ("Funds") equal to <br />one-twcJnh of: {a} yearly IUAes nnd assessments which moy uttoin priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rents on the Property. if any: (e) yearly huzurd in!".uruncc premiums; nod (d) yenrly <br />mortgage insurance premiums, ifony. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of current dotu ond reasonl1ble estimates of future .:scrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured nr guurunteed by n federal or <br />slalo agoncy (including londer if lendor is such nn inslllulion). Lender shnll npply Ihe Funds to pay the escrow ilems. <br />Lender may not charge for holding and applying the Funds, I1nalyzing the nccount or verifying the escrow items, unless <br />Lender pays Borrower interesl on Ihe Funds and applicable law permits lender to mukc such a charge. Borrower and <br />Lender may agree in writing thut interesl sholl be paid on the Funds. Unless an agreement is mnde or applicable law <br />requires inlerest to be paid, Lender shull nol be required 10 pay Borrower any interest or earnings on the Funds. Lender <br />sholl give to Borrower, without chnrge, an annual accounling of the Funds showing credits and debils to the Funds and Ihe <br />purpose for which each debit to Ihe Funds was mnde. The Funds are pledged as addilional security for the sums secured by <br />this Security Instrument. <br />If the amount of the Funds held by Lender, logelher with the future monthly payments of Funds payable prior to <br />the: due dates of the escrow items. sholl exceed the amount required to pay the escrow items when due. the excess shall be, <br />at Borrower's option, eilher promptly repaid 10 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 10 make up the deficiency in one or more payments as required by Lender. <br />Upon payment in full of all sums secured by lhis Securily Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph I Q 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 held by Lender althe time of <br />application as a credil against the sums secured hy this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender under <br />paragraphs I and 2 shall be applied: first. to laic charges due under the NOll'; second. to prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; rourth. to interest due; and lost. to principal due. <br />4. Charges; Liens, Borrower shall pay all taxes. assessments. charges, fines and impositions uttributnble to Ihe <br />Property which may attain priority over this Security Instrument. and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in Ihe manner provided in paragraph 2, or ifnol paid in that manner. Borrower shall <br />pay them on lime 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 the.<<;e payments directly, Borrower sholl promptly furnish to lender <br />receipt'i evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority ovcr this Security Ins1rument unless Borrower: (a) <br />agrees in writing to the payment of the obligalion secured by the lien in 11 manner acceptable to Lender; (b) contests in good <br />faith Ihe lien by, or defends against enforcemenl of1he lien in. legal proccedings which in the Lender's opinion operate to <br />prevent the enforcement of Ihe Iicll or forfeilure of any port of the Property; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to Ihis Securily Instrument. If l.ender determines that any part of <br />the Property is subject to a Hen which may attain priority over this Security In!ttrument. Lender may give Borrower 0 <br />notice idenlifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />S. Hazard Insurance. Borrower shall kcep the improvemcnts now existing or hereafter erected on lhe Property <br />insured against loss by fire, hazards included within the term "extended co\'erage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amounls and for the periods that Lender requires. The <br />insurance carrier providing the insurance shull be chosen by Borrower subject 10 Lender's approval which shall n01 be <br />unreasonably withheld. <br />All insurance policies and renewals sholl be acceplahle to Lender and shall include a standard mortgage clause. <br />Lender sholl have the righl to hold the policic...s and renewals. If Lender requires. Borrower shan promptly give to Lender <br />all receipts of paid premiums and renewal nOlices. In the evenl of loss. Borrower shall give prompt nolice 10 Ihe insurance <br />carrier and Lender. Lender may make proof ofloss ifnot made promptly by Borrower. <br />Unless Lender and Borrower olherwise agree in writing. insurance proceeds shall be applied 10 restoration or repair <br />of the Property damaged. if the restoration or repair is c..'eonomically feasible and Lemler's security is 110t lessencd. If the <br />resloration or rcpilir IS not economically feasible or Lender's securily would be lessened. lhe insurance proceeds sholl be <br />applied to 1he sums sc.:cured by this Securily Instrument. whether or nol then due. with any c:xcess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insunml:e currier has <br />offered to settle a claim. then Lender may collect the insuran<:e proceeds. Lender may use the proceeds to rcpllir or restore <br />the Property or to pay sums secured by this Security Instrument. wherher or not Lhen due. The 30-dllY period will begin <br />when the notice is given. <br />Unless Lender and Borro\\.cr otherwise agree in writing. any application of proceeds to prinl:ipal shall 1101 extend or <br />poslpone the due date oflhe monthly payments referred to in paragraphs 1 and 2 or change the lImount nflhe payments. If <br />under paragraph IQ the propeny is acquired by Lender, Borrower's right to any insurance POhCIL"S and proceed!>> resulling <br />from damage to the Property prior to the acquisilion shall pass to Lender to the e~tent of the.: ~ums ..ccureu hy !Ill'! Security <br />Inslrument immediately prior 10 the acquisition. <br />6. Preservation Bnd Maintenance of Propertyi Leaseholds. Borrower 5hallll01 de..1 nl)'. dumage or 'iubstantiully <br />change the Propeny, allow the Property 10 deteriorate or commit wasle. If thl" Sccunty In..lrumcnt i.. on Ii leasehold, <br />Borrower shall comply wilh lhe provisions oflhe lease. and if Borrower acquires fee title to the Property. the leasehold llnd <br />fee lide shall not merge unless lender agrees 10 rhe merger in writing. <br />7. Protection of Lender's Rights in Ihe ProperlY; 1\lortgBR,e In5urance. If BorHlVoer fail~ h.1 perform Ihe <br />co\'enanlS and agreements contained in Ihis Sccuri1y Instrument, or there isulcgal prm..ecdlll~ thai muy \lgOlficuntly affect <br />Lender's rights in 1he Propeny (such as a proceeding in bankruplc)'. probate. f~lr ....mu.lcntnalllln or III cnfllr....e la\",. or <br />regulations), then Lender may do ilnd pay for whalever is necessory to protect the \uluc oflhe Properl)' and Lender', nlllw, <br />in the Property. Lender's actions may include paying any sums secured by II hen \\llIch hJ.L'io pnorlt)' mer 1111' "ie....unt) <br />Instrument, appearing in coun, paying reasonable attorneys' fees and entenng on Ihe Property In make n:pulr, ..\ hhll\l~h <br />Lender may take action under this paragraph 7, Lender does not have to d(l so <br />Any af110unlS disbursed by Lender under Ihis paragraph 7 ~hall be....<mlt: .u.tdHlllllill ~khlllf III'rll1\\l" "l'\.'lltl'd h~ Ihl'. <br />Secunly Instrumcn1 Unle!>s Borrower and lender agree to other tenn.. nfpa~ Inl'nl. Ihl"l'IU1\\lUlI!' ,hall Ill'''' IIllett"1 frlllTl <br />the dale of dlsburo"enu:nl ill the Nute fOlie und 'ihall he pu)uhk. \\.llh mll.a....!. "r~'1I 111111((' 1IL'!;1 Il.,llh't t.. U""Il\H:1 <br />requcsting palmenl <br />
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