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88105547
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Last modified
3/9/2007 5:41:45 PM
Creation date
3/9/2007 4:42:11 AM
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DEEDS
Inst Number
88105547
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<br />UNlfllRM CO\'ENM'~ TS. lIorrowcr and Lender covenant and IIgreL' 1I!o roll(l\\,~ <br />I. Payment of Prlm:lpal and Interest; Prepayment and l..ore Charges. Borrowcr !\hull promptly pll}' when due <br />the pnncipnl of and interesl on the debl evidenced by Ihe Note and un)' prcpuY01enl and laic charge~ duc under Ihe Nole. <br />2. Funds ror Taxes and Insurance. Subjecllo npphcuble law or 10 a writlen waiver by Lender. Borrower shull pay <br />to Lender on the: da}' monthly payments ore due under Ihe NOIC, unlil the Nntt' i5 paid in rull. II !Oum ('.Funds") equnllll <br />one-Iwelfth or: (a) ~'early taxes nnd asse.'i.'imcnts which mllY allain priority o....er Ihi!\ Securily Instrumenl: (h) ycarly <br />lea.~hold puymenu or ground rents on the Properly, if uny; (c) yenrly huzurd insurIlnce premiums: and (d) yearly <br />morlgage insurnnce premiums, irany. These items ure called "escrow items." Lender may estimate Ihe Funds due on the <br />basis of currenl datu and reasonable estimntes offuture escrow item!!, <br />The Funds shnll be held in an institution the deposits or accounts of which arc insured or guarDntecd by n federal or <br />slate agency (including Lender ir Lender is such an institution). Lender !lhllll apply Ihe Funds 10 pay Ihe escrow items. <br />Lender mo)' not charge for holding and applying the Funds. analyzing the account or verifying the escrow ilems, unless <br />Lender pays Borrower interesl on the Funds and applicable law permits lender 10 make such a chnrgc. Borrower and <br />Lender may agree in writing tha1 interest shall be paid on the Funds. Unless an agreement is made or applicable 10\\' <br />requires inlerest to be paid. lender shall nol be required 10 pay Borrower uny interest or earnings un the Funds. Lender <br />shall give to Borrower, without charge. an annual accounting ufthe Funds showing credil!\ and dehil!t lolhe Fund!lllnd the <br />purpose for which each debit 10 the Funds was madc. The Funds arc pledged as addilinnal security for the sum~ !-oc:cured by <br />this Security InstrumenL <br />If the amount of the Funds held by Lender. togelher with the fmure monthly payments of Funds paynhle prior to <br />the due dotes of the escrow items, shall exceed lhe amounl required 10 pa}' the cscrow items when due. thc excess shall be. <br />al Borrower's option, either promplly repaid to Borrower or crediled to Borrower on monthly pa~'ments of Fund!>. If the <br />amounl of the Funds held by Lender is not sufficient 10 pay the escrow ilems when due. Borrower shall pay to lender any <br />amount necessary 10 make up the deficiency in one or more payments as required hy Lender. <br />Upon payment in full of all sums secured hy this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph IQ the Property is sold or acquired by Lender, Lender shall apply, no later <br />than immediately prior 10 the sale of the Property or its acquisilion by Lender. any Funds held by Lender al lhe time of <br />application as a credit againsl the sums secured by this Securily Instrument. <br />3. Application or Payments. Unles!O applicable law provides otherwi!\c. all paymcnt!\ received by Lender under <br />paragraphs I and 2 shall be applied: first. to late charges due under the NOle; sccond, to prepayment charges due undcr the <br />Note; third, to amounts payable under paragraph 2; fourth. 10 intcrc-....I due: and la'il, to principal due. <br />4. Char15cs; Liens. Borrower shall pay allta;.;es, assessmenls, charges, fi'1es and imposilions attributable to the <br />Property which mny altain priority o....er this Security Instrument, and Icasehold payments or ground rents. if any. <br />Borrower shall pay these obligations in the manner provided in parugraph 2, or if not paid in I hat manner. Borrower shall <br />pay them on time directly to~person owed payment. Borrower shnll promptly furnish to lender all notices of amounts <br />to be paid under this paragraph. If Borrower mahos these payments direclly, Burrower ~lmll promptly furnish 10 Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over Ihis SecurilY Instrumenl unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable 10 Lender: (h) contests in good <br />faith the lien by. (If defends against enforcement of Ihe lien ill, legal proceeding!\ whit'h in the lender's opinion operate to <br />pre....entthe enforcement of the lien or forfeiture of any part or the Prop-:rty; (lr (c) sca;un..~ from the holder of the lien an <br />agreement salisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines Ihat any part of <br />the Property is subject to a lien which may attain priority over this Securil)' In!\trumenl. Lender may gi....e Borrower a <br />Holice identifying the lien. Borrower shall satisfy the lien or take one or morc or the actions set forth above within 10 days <br />of the giving of notice. <br />S. Hazard Insurance. Borrower shall keep the improvements now exisling or hcreafter ercl.:ted on Ihc Property <br />insured against loss by fire, hazards included within the lerm "extended coverage" and lJny olher hazards for which Lender <br />requires insurance, This insurnnce shall be maintained in the amounts and for Ihe periods that Lender requires, The <br />insurance carrier providing the insurance shnll be chosen by Borrower subjecl to Lender's approval which shall not be <br />unreasonably withheld. <br />All insuruncc policies and renewals shall he acceptable 10 Lender and !lhall include a standard mortgage clause. <br />Lender shall have the right 10 hold the policies and renewals. If Lender require~, Borrower ,hall promptly give to Lender <br />all receipts of paid premiums and renewal nolices, In the event ofloss. Borrower !lhall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss ir not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall he applicd 10 reslornlion or repair <br />of the Property damaged. if the restoration or repair i!l economically feasible and lc:nder's securily is nol lessened. If the <br />restoration or repair is not economically feasible or Lender'!! security would be les!\c:ned. Ihe insurance proceeds shall be <br />applied to lhe sums secured by this Security Inslrument, whether or nol thc:n due, with any CXCl."SS paid 10 Borrower. If <br />Borrower abandons the Property. or does not an~wer within 30 days u notice from Lender thai the im.urance carrier has <br />offered to sellle a c1aim. then Lender may collect the insurance proceeds. lender may use the proceeds 10 repair or restore <br />the Propeny or 10 pay sums secured by thb Security Inslrumcnt. whelher or not then due. The 30-day period will begin <br />when the notice is givcn. <br />Unless Lender and Borrower olherwise agree in writing. any applicalion of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in pnrngmphs I and 2 or change the amount of the pllyments. If <br />under paragraph 19 the Property is acquired by Len4er, Borrower's righl to any insurance policics and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the cxtent of Ihe sums sccured by Ihi~ SCCUril) <br />Instrument immediately prior to the acquisition. <br />6. Presenallon and Maintenance of Property; Leaseholds. Borrower shall not destroy. dumage or suhslantially <br />change the Property. allow the Property to deteriorate or commit wastc. If Ihis SecurilY Instrumcnt is on a leasehold, <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee tille to the Property, the leasehold .and <br />fee title shall not merge unless lender ogrees to the merger in writing. <br />7. Protection of Lender's Rights In the Property: !\tortgage Insurance. If Borrower fails to perform Ihe <br />covenants and agreements contained in this Securily Instrumenl. or Ihere is a legal proceeding lhal may significantly n(fccl <br />Lender's righls. in rhe Propcl1y (such IlS a procerding in hankruptcy, probale, for condemnnlinn or to enforce laws or <br />regulations), lben Lender ma)' do and pay for whatever is necessary to protcclthe value nflhe pf(lr~r1Y alH.ll.~nder'!\ right.. <br />In Ihe Property. Lcnder'!j, actions may include paying any 'iums sL"Curcd by a hc:n \.\Illich ha~ pnnnt~ tl\cr till!'! Ser..'urIlY <br />Instrument, appeanng in court. paying reasonable auornc:ys' feL"S and enlcrmg on the Properl~ lill11at..c replllf'. Allhough <br />Lender may lake aellon under Ihis paragraph 1. lender does not hu,,'e In du so. <br />Any UffillUnl!i. disbursed by Lender under 1his paragraph 7 shall become uddlllOlUlI debt or Bornmcr 'L'l'uretl by thl!\ <br />SecUnI)' In\lrumenl, Unless. Borrower and Lender agree 10 olher lenn.. llfpu}mcnl. thL",C anhlunl.. "ih:lll hcar Inll.ft.....1 ffllm <br />the dale of dlsbun.emenl al 1he Nolc rate Ilnd ..hall be payahle. With Inlerl,",!. upon nnlJl:l' frllln Ll'ndcr tn B.11I.l\\l'f <br />rc:quC!illn[t p.ayment <br /> <br />88-105547 <br />
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