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88105113
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88105113
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Last modified
3/9/2007 5:41:41 PM
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3/9/2007 4:41:10 AM
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DEEDS
Inst Number
88105113
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<br />88-105113 <br /> <br />UNIFORM COVENANTS. Darrower nnd Lender covennnt and agree u!t follow~: <br />I. Peyment or Principal and Intcrcst; Prepeymenl and Lale CherRcs. Borrower ,holl promptly pOl' when due <br />lhe principal orand interest on the debt c\'idenced by the Note and any prepayment and IlIte chl1rge~ due under Ihe Note. <br />2. Funds ror Taxes and Insurance. Subject to applicable law or to a wrilte" waiver by Lender I Dorrower shllll pny <br />to Lender on the: day monthl)' pn)'mcnts are due under the Note, umil the ~OIC is plli~ in full. n sum ("Funds") cquullo <br />omHwc:lfih of: (n) yearly taxcs and nssessments which may I.luain prion1)' over tIns Security Instrument: (b) ycurly <br />leasehold payments or ground fenls on the Property, if any; (c) yearly hazard insurance premiums: nnd (d) yearly <br />mortgage insurance premiums, irany. These items are callcd "cscrow items." Lcnder may estimate the Funds due on the <br />basis orcurrent data and rensonabl~ estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guarnnteed 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 nol 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 10 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 appJicable law <br />requires inleresllo be paid. Lender shall not be required to pay Borrower any interest or carnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the <br />purposc for which each debit to the Funds was made. The Funds are pledged as additional securily for the sums !;ecured 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 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 tltis Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 191he Property is sold or acquired by Lender. Lender shall apply. no later <br />than immediately prior 10 the sale 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 I and 2 shall be applied: first. to late charges due under the Note; second. 10 prepayment charges due under the <br />Note; third, 10 amounts payable under paragraph 2; fourth. to interest due; and last, 10 principal due. <br />4. Charges; Liens, Borrower shall pay all taxes, assessments, charge.... fines and impositions attributable to the <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 the manner provided in paragraph 2. or if nol paid in that manner, Borrower shall <br />pay them on time directly lO the person owed payment. Borrower shall promplly furnish 10 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 discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the Hen in a manner acceptable 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 enforcement of the lien or forfeiture of any part orthe Property: or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />the Property is subject to a lien which may anain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions ...et forth above within 10 days <br />of the giving of notice. <br />5. Hazard Insurance. Borrower shall keep the improvemenls now exislmg ur hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coveragc" and any olhcr hazards for which Lender <br />requires insurance. This insurance shull be mainlained in the amounts and for Ihe pcriods thal Lender requires. The <br />insurance carrier providing the insurance shall be choscn by Borrower subject 10 Lender's approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender rc:qulres, Borrower shull 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 proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing. insurance procceds shall be applied 10 reswration or repair <br />of the Property damaged, if Ihe restoration or repair is economically feasible and Lender's security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not Ihen due, with any excess paid to Borrower. If <br />Borrower abandons the Property. or does not answer within 30 days a notice from Lender that Ihe insurance carrier has <br />offc:red to sculc a claim. then Lender may collect the insurance proceeds. Lender may use the proceed!" to n:pair or restore <br />the Property or to pay sums secured by this Security Instrument, whether or nOl then due. The ]O-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otbeC\\o'ise agree in writing, any apph~ation uf proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount orlhe payments. If <br />under paragraph 19 the Property is acquired by Lender, Borrower's righlto any insurance poliCies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lencier to the extent of the sum... ...ecured lJy this Security <br />Instrument immediately prior 10 the acquisition. <br />0, Preservation Bnd J\.faintenance of Prope.rty; Leaseholds. Borrower shall not destroy, damage or !1ubstantially <br />change the Property, allow the Property to deteriorate or commit waste. If this Securily Inslrument is on a leasehold, <br />BorrowershaU comply with the provisions of the lease. and if Borrower acquires fee title 10 lhe Property, the leasehold and <br />fee title shall nol merge unless Lender agrees to the merger in writing. <br />1. Protection or Lender's Rights in the Property; Mortgage in!lurance. If Borrower fails to perform Ihe <br />covenants and agreements contained in this SecurilY Instrument. or Ihere is a legal proceeding that may significanlly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnation or to enforce IoIW!. or <br />regulations), then Lender may do and pay for whatever is necessary to protect Ihe value of the Property and Lenders righl!'> <br />in the Propeny. Lender's actions may include paying an}' sums secured by a lien which ha..; priority O\'cr this Security <br />Instrument, appearing in court, paying reasonable auorneys' fees and entering on the Property tll make rerans. Although <br />Lender may take action under this paragraph i. Lender does nul have to do so. <br />Any amounl!. disbursed b). Lender under this paragraph 7 !'>hall become additional dcht llf Borrower ..el:ured b} thl" <br />Security Instrument. Unh:s.~ Rorrower and lender agree 10 other Icrm!'. ufpaymenl.lhc!1c amllul1l~ ..hlll1 hear IOlcrt:'!'>t from <br />the dale of disbursement at the Note mle and shaH be pa}.uble. with inler~l. uplm IwllCC from LemJcr w Bnrrowl'r <br />rcquestmg payment. <br />
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