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88105774
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Last modified
3/9/2007 5:41:47 PM
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3/9/2007 4:42:42 AM
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DEEDS
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88105774
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<br />L <br /> <br />88_105774 <br /> <br />UNIFORM COVENANTS. Borrower and Lcndcrcovenant and agree B!i follows: <br />1. Payment of Principal and Interest; Prepayment and Late l.'1targes. Borrower shall promptly pay when due <br />the principal orand interest on the debt evidenced by the Note and any prcpaymcnlllnd late charges due under the Note. <br />2. Funds for Taxes and Ir.surance. Subject to applicable law or 10 a written waiver by Lender. Borrower shall pay <br />to Lender on the day monthly payments arc due under the Note, unli) the Note is paid in full. a sum ("Funds") equal to <br />one-twcmh of: (8) YC1'rJy taxes and assessments which may altain priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rents on the Property. if any; (e) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums. if any. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of current data and rcasanabl~ 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 />slate agency (induding Lender if Lender is such an institution). Lender shali apply the Funds to pay the escrow items. <br />Lender may not 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 pennits 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, without charge, an annual accounting of the Funds showing 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 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 ell<',-,,"" 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 this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. [funder paragraph 19 the Property 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 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 1 and 2 shan be applied: first. to late charges due under the Note: second, to prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last. 10 principal due. <br />4. Cbargesj Liens. Borrower shall pay nil taxes. assessments, charges. 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 not paid in that manner, Borrower shall <br />pay them on time directly to Ihe person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these paymenrs directly. Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this S~curity Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien 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 pan of the propc"ny; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any pan of <br />the: Property is subject to a lien which may at lain priorit)' over this St..'Curity Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower ~hall ~Ilthfy the: lie:n or lake one or more oflhl: actions set rorth abo....e within 10 d3Y~ <br />oftbe giving of notice. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the lerm "cxtcnded coveragc" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amount!. and for the periods that Lender requires. The <br />insurance carricr providing the insurancc shall be chosen b~' Born,wer subject to Lender.s approval which shall not be <br />unreasonably withheld. <br />All insurance policies and renewols shall be acceptable (0 Lender and ~hall include a standard mongage clause. <br />Lender shall hn\'e the right to hold the policies and renewals. If Lender requlre~. Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of lo~~, norrower ~hall give prompt notice to the insurance <br />carrier and Lender. Lender may make proofofloss ifnot made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repr.ir <br />of the Property damaged. if the restoration or lepair 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 nol then 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 the insurance carrier has <br />offered to senle a claim. then Lender may collecl the insurance proceeds. Lender may use the proclXds to !'epair or reslore <br />the Property or 10 pay sums secured by this Security Instrument. whether or not lhen due. The: 30-day period will begin <br />when the noticc is given. <br />Unless Lender and Borrower otherwise agree: in writing. any application of proceeds to principal shall not extend or <br />postpone the due dale of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If <br />under paragraph 19the Proper1y is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass 10 Lender 10 the extent of the sums secured by Lhis Security <br />Instrument immcdiately prior to Ihe acquisition. <br />6. Preservation and Mainlenance of Property; Leaseholds. Borrower shall nOl destroy. damage or substantiall)' <br />change: the Property, allow the Property (0 deteriorate or commit waste. If this Security Instrument is on a leasehold, <br />Borrower shall comply with Ihe provisions orlhe lease, and if Borrower acquiro fee title to the Propeny. the leasehold and <br />fee: tide shall not merge unless Lender agrees to the merger in writing. <br />7. Proleclion of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the <br />covenants and agreements conwined in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in Ihe Property (such as a proceeding in bankruptcy. probate. for condemnation or to cnrorce laws or <br />regulations). then Lender may do and pay ror whatever is necessary to protect the value of the Property and Lender's rights <br />in the Propcny. Lcnder.s actions may include paying any sums secured by a lien which has priority o\'er this Security <br />Instrument, appearing in court. paying reasonable attorneys' rees and entering on (he Properl)' to make repair!., Althou~h <br />Lender may take action under this paragraph 7, Lender does not have to do so. <br />. Any amounts disbursed by Lender under this paragraph 1 shall become addlllonal deht of Borrower "ecured hy I hi" <br />Seeunty Instrument. Unless Borrower and Lender agree to other terms of payment. Ihe!oe amounts shall bear i"ter~t from <br />lhe date or disburscmenl at lhe Note rale and shall be payable. with interest. upon "(ltKe fmm Lender (('l Dorw\\"er <br />requesting payment <br />
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