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88106000
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88106000
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Last modified
3/9/2007 5:41:49 PM
Creation date
3/9/2007 4:43:13 AM
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DEEDS
Inst Number
88106000
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<br />UNIFORM COVENANTS Borrower and Lender covennnt and agree U~ follnw~: 88- 106000 <br />t. Payment of Principal and Interest; Prepayment and Latc ChnrRes. Borrower shull promplly puy when due <br />the principal of and interest on lhedcbt ~vidl:nccd by the Note and any prepayment and lute charge!. due under the NDte. <br />1. Funds ror Taxes and Insurance. Subject to applicable law or to a writlen waiver by Lender. Borrower shall pay <br />to Lender on the day monthly payments arc due under the Note. until the Note is paid in full. II sum ("Funds") equal to <br />one~twemh of: (a) yearly taxes and assessments which may atlain priority Q\'cr this Security (nstrument; (b) yearly <br />leasehold payments or ground rents on the Property. if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, ifany. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of current data and reasonable estimates offuture escrow items. <br />The Funds shall he held in an institution the deposits or accounts of which arc insured or guaranteed by a federul or <br />state agency {including Lender if Lender is such an institution}. Lender shall apply the Funds to pay the escrow ilems. <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 llnd <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 debilS to lhe 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 paymenls 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 monlhly 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. Ifunder 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 Sc..'Curity 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, to prepayment charges due under the <br />Note; third, to amounts payahle 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 />Property which may attain priority. over this Security Instrumen1. and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided in pamgraph 2, or if not paid in that manner, Borrower shall <br />pay them on time directly 10 the person owed paymenl. Borrower shall promptly furnish to 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 lien in a manner acceplable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in. legal proceeding~ which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of Ihe 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 Propeny is subject to a lien which may auain 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.: aclion~ ~('t forth above within 10 days <br />oflhe giving of nolice. <br />S. Hazard Insurance. Borrower shall keep the improvements nllw existing or hereafter erected on the Prapeny <br />insured against loss by fire. hazards included within the term "ex.lended cO\!eragc" and any othcr hazurds for which Lender <br />requires insurance. This insurance shan he maintained in the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject 10 Lender's approval which shull not be <br />unreasonably withheld. <br />All insurance policie." and renewals shall be acceptable to lender and shull include u slundard man gage clause. <br />lender shall have the right to hold the policies and renewals. If lender requlfe!>, Borrower shull promptl~. give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, BorroYo'er shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof ofloss if not made promptly by Burrower. <br />Unless Lender and Borrower otherwise agree in writmg, insurance procL"Cds shall be applied to restoration or repair <br />of the Property damaged, if the 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 he lessened, the insurance proceeds shall he <br />applied to Ihe sums secured by this Security Instrument, whether or not then due. with any excess. paid to Borrower. If <br />Borrower nbDndon~ the ProperlY. or does not 3n~wer within 30 days II notice from lender that the insurance carrier has <br />offered to seule n claim. then Lender may collect the insurance proceeds. lender may use the proceeds to repair or reslore <br />the Propeny or to pay sums secured by this Security Instrument, whether or nOl then due. The JO-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in wriling, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or ctange the amoun1 of the payments. If <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition sheill pass to Lender to the extent of rhe sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Propl".J'ty; Leaseholds. Borrower shall not destroy. damage or substantially <br />change the Propeny, allow the Propeny to deteriorate or commit waste. If this SeCurity Instrument is on a leasehuld, <br />Borrower shall comply wilh the provisions oflhe lease. and if Borrower acquirl..'S fee tiile to the Property. the leasehold and <br />fee title !lohall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property: Mortgage Insurance. If Borrower fails to perfonn the <br />covenants and agrcemenls contained in this Security Instrument, or there is a legal proceeding Ihal may significanlly affecr <br />Lender's rights in the Property (such as a proceeding in bankruptcy. probate. for condemnation or 10 enforce laws or <br />regulations). then Lender may do and pay for whate,,'cr is necessary to protect the value of the Properry and Lender's righl!. <br />in the Property. Lender's actions may include paying an)' sum!'; secured by a lien which hac; priority over this Security <br />Instrument. appearing in court. paying reasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under this paragraph 7. Lender does nol ha\'e to do so. <br />Any amounts disbursed by lender u:ader this parugraph 7 ..hall become addilional debl of Borrower sL"l:ured by this <br />Security InstrumeOl. Unless Horrower and Lender agree 10 other ternt~ l'fpayment. theoe amounts shall bear mlerest from <br />the date of disbu~menl at the Note Tille and ..hall be payahll'. Willi IIlterL"'1. upon nOllce fmOl Lt'ndcr 10 BnrnmC'r <br />requestmg payment. <br />
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