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88105784
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Last modified
3/9/2007 5:41:47 PM
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3/9/2007 4:42:44 AM
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DEEDS
Inst Number
88105784
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<br />UNIFORM C()V[N,\~TS Borrower and Lender covenan't and IIgree 11'- rollow...~8- 10578 tl <br />1. Payment of Prhlclpal and Interest; Prepayment ond LaIc Charges. Borrower lihlllJ promptly pay when due <br />the pnncipal of and interest on the debt evidenced by the Note and ony prepayment Ilnd IlIte charges due under lhe Nole. <br />2, Funds for Taxes and Insurance, Subject to applicable law or tn II written wlliver by lender, Borrower shall Po}' <br />10 Lender on the day monthly payments are due under the Note. unlill~le iotJole is paid in full, a sum ("Funds") equal to <br />onc.twelfth of: (n) yearly taxes nnd assessments which may uttain priority over thts Security Instrument: (b) yearly <br />leasehold payments or ground rents on the Property, if any; fc) yearly hazard insurance premiums: and (d) yearly <br />mortgage insurance premiums, if any. These items ore cl1l1ed "escrow ilems:' Lender may eSlimate the Funds due on the <br />basis of current data and reasonable estimates offuture escrow items. <br />The Funds shl1l1 be held in an institution the depo!tits or accounts of which are insured or guaranteed 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 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 permits 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, Ltnder shall not be required to pay Borrower any intcresl 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 oflhe Funds held by Lender, together with the future monlhly payments of Funds poyable prior to <br />the due dates orthe 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 h~ 'his Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by lender, Lender shall apply. no later <br />than immediately prior to 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 J05trument. <br />3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender under <br />paragraphs 1 and 2 shall be applied: first. to late charges due under (he Note; second. 10 prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last. to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments. charges, fines and impositions attributable to the <br />Propeny which may attain priority, over this Security Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in lhe manner provided in paragmph 2. or if not paid in that manner, Borrower shall <br />pay them on time 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 these payments directl)', Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has prionly (wer Ihis Security Instrument unless Borrower: (a) <br />agrees in writing to the pa)ment of the obligation secured h)' the lien 10 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 pari of Ihe Property; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating Ihe lien to lhi,- Security Instrument. If Lender determines that any pari of <br />the Property is subjecl to a lien which may altum pnoril)' over till!'! Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take uuc or murc of lhe actions sct forth above within 10 days <br />of the givingofnotice. <br />S. Hazard Insurance. Borrower shall keep the improvement!. n(1\\' existing or hereafter erected on the Property <br />insured against loss by fire, hazards included withinlhe term "cxtendl.-d em'cruge" and Bny olher hazards for which Lender <br />requires insurance. This insurance shall be maintained in Ihe amllUnts and for the periods that Lender requires. The <br />insurance carrier providing the Insurance shall be chosen by Dnrmwer !oubjecl to Lender's approval which shall nol be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable tn Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewah.. If Lender require!'>. Borrower shall promptly give to Lender <br />all receipts afpaid premiums and renewal noticc!t. In the event of loss, Borrower shaH give prompt notice to the insurance <br />carrier and Lender. Lender may make proofofloss ifnOl made prompt I)" by Borrower. <br />Unless lender and Borrower otherwise agree in writing, in!lurunce: proceeds shall be upplied to restoration or repair <br />of the: Property damaged, if the restoration or repair is economically feasible and lender's security is notlessenc:d. If the <br />restoration or repair is not economically feasible or Lender's securit)' would be lcs!tened. lhe: insurance proceeds shall be <br />applied 10 the sums secured by this Security Instrument, \\'hether or 110t Ihen due, wilh any excess paid to Borrower. If <br />Borrower nbnndons the Property. or does nol answer within 30 days a notice from lender that the insurance carrier has <br />offered. to settle a claim, then Lender may collect the insurance proceed!'!. Lender may use the proceeds to repair or restore <br />the Property or to pay sum~ secured by this Security Instrument. whether (If n\il Ihen due. The 30-day period will be~in <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in wrillng, any apphcntion of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in par.Jgraphs I and 1 or change the amount of the payments. If <br />under paragraph 19 the Property is acquired by Lender, BorrClwer's right 10 any insurance policies and proceeds resulting <br />from damage to lhe Propeny prior to the acquisition shall pass to l~nder 10 the exlent of the sums secured by Ihis Security <br />Inslrument immediately prior to the acquisition. <br />6. Preservation and 1\fainlenance or Property; Leaseholds. Borrower shall noL destroy. damage or substantially <br />change the Property, allow the Properly to deteriorate or commit wastc. If Ihl~ SecuriW Instrument is on a leasehold, <br />Borrower shaH compl~' wilh the provisions of the lease. and if Borrower acqUIre!'. rec title to lhe: Propeny, the leasehold and <br />fee litle sholl not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender'! Rights in the Property: Mortgage Insurance. Jf Borrower fails 10 perfonn lhe <br />covenants and agreements contained in this Security Instrument. or there: i!t a legal proceeding that may significantly affect <br />Lender's rights in the Propeny (such as a proceeding in bankruptcy, probate. rOT condcmnnl1on or to enforce law!' or <br />regulations). then Lender moy do and pay for whatever 1S necessary to proh:cllhe value of (he Property and Lender'!'. rights <br />111 the Property. Lender's actillOS may include paying any sums secured by a hen winch ha!l priority over thi!. Security <br />Instrument, appearing in court, paying reasonable attorneys' fees and entenng on the Properly to make repam.. Although <br />Lender may lake nellon under thi..e;. paragraph 7. Lender does not have to do so <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt (lr Borrower !\ecured by (hi!'. <br />Security Instrument. Unle!>s Borrower and Lender agree to other terms nfpayment. Ihe'!oe amounts shall bear interest from <br />the date of disbu~ment at Ihe Note rale and !.hall he payahlc. wllh mterl."'ot. upon notice rrom Lt'nder 10 Rnrrower <br />requC!olmg paymenl <br />
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