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88105329
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Last modified
3/9/2007 5:41:43 PM
Creation date
3/9/2007 4:41:40 AM
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DEEDS
Inst Number
88105329
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<br />UNIFORM CoVENANTS Borrower and Lender covenant and agree as follow!.: <br />I. ~t of Principal and Inl.r..t; PRpaym.nland Lat. Charg... Borrower .hall promptly pay when due <br />the pnncipal of and interest on Ihe debl evidene<d by th, No.e and any prepaym,nl and lale charge. du, under the NOI', <br />2. FuadI ror Tu.. uti 1IIIlInIICO, Subjecl'O applicable law or 10 a wnuen waIver by Lender. Borrower .hall pay <br />to Lender on the day monthly payments Irc due under the Note, until the Note is paid in full, a sum ("F~ilds") equal to <br />one-twelfth of: (a) yearly taxes and KSsessments which may attain priority over this Security Instrumentj (b) yearly <br />leaJdJold payments or ground rents on the Property, if any; (c) yearly hazard insuranc, premiums; and (d) yearly <br />monPle insurance premiums. if any. These items Ire called "escrow items." Lender may estimate the Funds due on the <br />basis of current dataand reasonable estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />stale agency (including Lender if Lender i. such an instilulion). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge ror holding and applying .he Funds, analyzing the account or verifying the escrow items, unless <br />Lmder pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and <br />Lender may agree in writing thai int.rest 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 intercsl or earnings on the Funds. Lender <br />&han live to Borrower. without charge. an annualaccoUDting of the Funds showilig credits and debits to the Funds and the <br />purpose for which each debit 10 the Funds was made. The Funds are pledged as additional security for the sums secured by <br />this Security Instrumen., <br />If the am<Junt of th, Funds hald by Lender. togelher with Ihc future monthly payments of Funds payable prior 10 <br />the due dates of the escrow items. shall exceed tbe amount required to pay the escrow items when due. the excess shall be. <br />a. Borrower's option. either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. Jr the <br />amount of the Funds held by Lender is not sufficient to pay the escrow lIems when due., Borrower shall pay to Lender any <br />amount necessary to make up the deficiency in oneor more payments as requucd by Lender. <br />Upon payment in full of all sums secured by this Security Instrumenl, Lender shall promptly refund to Borrower <br />any Funds bald by Lender, If under paragraph 19.hc Properly is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior to the sale of the Propeny or its acquisition by Lender. any Funds held by Lender al the time of <br />application as a credit againstlhe sums secured by Ihis Securi.y Instrument. <br />3. AppUcatioa or Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first. 10 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. C'Ia8raa; Ueaa. Borrower shall pay alltaxcs, assessments, charges. fines and impositions attributable to the <br />Property which may attain priorily.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 nolices of amounts <br />10 be paid under this paragraph, If Borrower makes Ihese payments directly. Borrower shan promptly furnish to Lender <br />I'1:aIpts evidencing lhe payments, <br />Borrower shall promptly dischuge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of Ih, oblipllon secured by the lien m 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 operale to <br />prevent the enforcement of the hen or forfeiture of any pan of the Propcny; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender 5ubordinltina: the lien to this Security Instrument. If Lender detcnnines that any part of <br />the Property is subject to . lien which may attain priority oyer this Security Instrument. Lender may give Borrower a <br />notice idcntifyina the lien. Borrower shall satisfy the lien or We one or more of the actions set forth above within 10 days <br />of .he Bivins of no.ice. <br />5. Haard IIISIlf'aIM:e. Borrower shall keep the improvements now eJtisting or hereafter erected on the Propeny <br />Imuted apinstloss by fire. I1az.ards Included within the lenn "exlended coverage" and any olher hazards for which Lender <br />laIuires insurance. This insurance shall be nwntained In the amounts and for the periods that Lender requires. The <br />Insurance carrier providing the insurance shall be chosen by Borrower subJec1 to Lender's approval which shaH not be <br />unreuonably withheld, <br />AIllJlSurance poliCIes and renewals shall be acceptable 10 Lender and .hallmclude a slandard mOrlpge clau.., <br />Lender shall have lbe righ.to hold the policies and renewals. If Lender reqUires. Borrower .hall promptly give 10 Lender <br />all recciptJ of paid premiWlll and renewal noti~ ]n the eyent of loss, Borrower shall give prompt notice to the insurance <br />carri... and Lender. Lend... may make proof of loss If no. made promptly by Borrower, <br />Unless Lender and Borrower otherwise agree in wriung. Insurance proceeds shall be applied 10 restoration or repair <br />of the Property damaged. if the restoration or repair is economIcally f...ibl, and Lender's security is nOII....ned. If lhe <br />restoration or repair is nol economically feasible or Lender's security would be lessened. the insurance proceeds shall be <br />applied to the sums iCCurcd by this Security Instrument, whelher or nOI then due. with any excess paid to Borrower. If <br />BolTO'A'ef abandons the Property. or does not answer within 30 days a notice from Lender thar the insurance carrier has <br />oIFered to scnle a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pal)' sum5 secured by this Security Instrument. whether or not then due. The JO..day period will begin <br />when lbe notice is giyen. <br />Unless Lender and Borrower othen.'isc agree in writing. any application of proceeds 10 principal shall not exlend or <br />postpone the Que date of the monthly pIIyments referred 10 in paragraphs 1 and 2 or change the amount of the payments. If <br />under parqrapb 191be Propcny is acquimi by Lender. Borrower's righl to any insurance policies and proceeds resulling <br />from dam.qe to the Property prior to the acquisition shall pass to Lender to Ihe extenl of the sums secured by thiS Security <br />Instrument immediately pnor to tbe acquisition. <br />6. PraenaticNI..s MaiatalaDCe of Pr-opetyi Leuebolda. Borrower Sohall not destro)". damage or substantially <br />chanae the Propcny. allow the Properly to deteriorate or commit waste. ]f thiS Securily Instrumenl is on a leasehold, <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee tllle 10 the Property, the leasehold and <br />fee title shalJ not meI"'p: unleu Lender qreellO the merger in wriung. <br />7. ~ of Lader'a RiPta I. lIIe ~ Mort_ Insurance. If Borrower fails 10 perform the <br />covenants and llrecmcnu conwned 10 this. Security Instrument~ or there IS a legal proceeding that may significantly affect <br />J...mder', riPtl in the Prope.ny (weh as . proceedinl in bankruptc)", probate. for condemnation or 10 enforce laws or <br />rqulatioos). tbm Lender may do and pi)' for whatever it. necessary to prolect Ihe ....alue of the Propeny and Lender~s rights <br />in the Propaty. l..ender'1 actlon1 may include payiol any sums secured by a hen w'o'hich has pnority over Ihls SecurilY <br />IllItrumcnt. appeannl In coun. pII)'1n, rcuonable auof1leY!o' fees and enlering on Ihe Propcny 10 make re~in, Allhough <br />I...mder may takeactton under thIS p&ralr.ph 7, Lenderdoa nol n.\'C' todo so <br />Any amounts dlsbuned b)l Lender under this. paragraph 7 shall become addll10nal debl of Borrower secured by IhlS <br />Seamt} Jmtrument Unless Borrower and Lender alree 10 olhrr terms of payment. lhese amounl!t shall bear mteresl from <br />tbe date of dJ.manemenl al Ihe NOle ratr and shall be payable, ....llh lnleres1. upon nOllce from Lender 10 Borrower <br />_TOI poyme," <br /> <br />p'~J05329 <br />
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