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88106075
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Last modified
3/9/2007 5:41:50 PM
Creation date
3/9/2007 4:43:24 AM
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DEEDS
Inst Number
88106075
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<br />Borrower and Lender CO\lenant and agree IS rollows: <br /> <br />I. That Borrower will pay the indebtedness. as hereinbefore <br />provided. Privilege is reserved to pay the debl in whole or in pari on <br />any .installment duc date. ... <br /> <br />2. That. logether with. and in addition to. the monthly payments <br />of principal and interest payable under the terms of the nOle secured <br />hereby. the Borrower will pay to the Lender. on the firsL day of each <br />month cnLil the said notc is fully paid. the following sums: <br /> <br />(a) A sum equal to the ground rents. if any. next due. plu.'i the <br />premiums lhat will next become due and payable on policies of fire <br />and other hazard insurance covering Lhe property. plus luxes and <br />assessments nexl due on lhe property (all as estimated by the Lender) <br />less all sums already p3.id Iherefor divided by the number of months <br />to elapse before one (I) monlh prior LO the date when such ground <br />rents. premiums. taxes and assessments will become deliquent. such <br />sums to be held by Lender in trust 10 pay said ground rents. <br />premiums. taxes and special assessments: and <br /> <br />(b) All payments mentioned in the preceding subsection of this <br />paragraph and all payments to be made under the note secured <br />hereby shall be added together. and the aggregate amount thereof <br />shall be paid by the Borrower each month in a single payment to be <br />applied by the Lender to the following items in the order set forth: <br /> <br />(I) ground rents, taxes. assessments. fire and other hazard insur- <br />ance premiums: <br /> <br />(II ~ interest on the notc secured hereby; <br /> <br />(111) amonizalion of the principal of said note; and <br /> <br />(IV) la,e charges. <br /> <br />Any deficiency in the amount of such aggregate monlhly payment <br />shall. unless made good by the Borrower prior 10 the due date of the <br />next such payment. constitule an -event of default under this <br />mongage. The Lender may collect a .'late charge" not to exceed four <br />cents (4.) for each dollar (5 \) of each payment more than fifleen <br />(15) days in arrears to cover the extra expense involved in handling <br />delinquent payments. <br /> <br />3. That if the total of the payments made by the Borrower under <br />(a) of paragraph 2 preceding shall exceed the amount of payments <br />actually made by the Lender for ground rents. tues and assessments <br />or insurance premiums, as the case may be. such excess. if the loan is <br />current. at the option of the Borrower. shall be credited by the <br />Lender on subsequent payments to be made by the Borrower. or <br />refunded to the Borrower. If. however. the monthly payments made <br />by the Borrower under (a) of paragraph 2 preceding shall not be <br />sufficient to pay ground rents. taxes and assessments or insurance <br />premiums. as the case may be., when the same shall become due and <br />payable. then the Borrower shall pay 10 the Lender any amount <br />necessary to make up the deficiency. on or before the date when <br />payment of such ground rents, taxes. assessments, or insurance <br />premiums shall be due. If at any lime the Borrower shall tender to <br />the U:!lder. in accordance with the provisions of the note secured <br />hereby. full payment of 'he entire indebtedness represenled thereby. <br />the Lender shall. in computing the amount of such indebtedness. <br />credit to the accounl of the Borrower any balance remaining in the <br />funds accumulated under lhe provisions of (aJ of paragraph 2 hereof. <br />tr there shall be a default under any of the provisions of this <br />instrument resulting in a public sale of the premises covered hereby. <br /> <br />88 1060t75 <br /> <br />or if the Lender acquires the properlY otherwise after default. the <br />Lender shall apply. at the time of the commencement of such <br />proceedings, or at the time the property is otherwise acquired. the <br />balance then remaining in Ihe funds accumulated under fa) of <br />paragraph 2 preceding, as a credit againStlhe amount of principal <br />then remaining unpaid under said note. . <br /> <br />4. That the Borrower will pay ground rents, taxes, assessments. <br />water rates, and other governmental or municipal charges. fines. or <br />impositions, for which provision has not been made hereinbefore. <br />and in default Ihereof the Lender may pay the same: and that the <br />Borrower will promptly deliver the official receipts therefor to the <br />Lender. <br /> <br />5. The Borrower will pay alllaxes which may be levied upon the <br />Lender's interest in said real esUtte and improvements. and which <br />may be levied upon this instrument or the debt secured hereby (but <br />only to the extent that such is not prohibited by law and only to the <br />extent that such will not make this loan usurious). but excluding any <br />income tax. State or Federal. imposed on Lender. and will file the <br />official receipt showing such payment with the Lender. Upon <br />violation of this undertaking; or if the Borrower is prohibited by any <br />law now or hereafter existing from paying the whole or any portion <br />of the aforesaid taxes. or upon the rendering of any courl decree <br />prohibiting the payment by the Borrower of any such taxes. or if <br />such law or decree provides that any amount so paid by the <br />Borrower shall be credited on the debt. the Lender shall have the <br />right to give ninely days' written notice to the owner of the premises. <br />requiring the payment of the debt. If such notice be given, the said <br />deht shall become due. payable and collectible at the expiration of <br />said ninety days. <br /> <br />6. That should the Borrower fail to pay any sum or keep any <br />covenant provided for in this instrument. Ihen the Lender. at its <br />option, may payor perform the same, and all expendilures so made <br />shall be added '0 the principsl sum owing on lhe said nOle, shall <br />be secured hereby. and shall bear interest at the rate set forth in the <br />said note. until paid. <br /> <br />7. Thai the Borrower hereby assigns. transfers and sets over to the <br />Lender. '0 be applied toward the payment of the nole and all surns <br />secured hereby in case of a defaul' in Ihe performance of any of Ihe <br />terms and conditions of this instrument or the said note. all the rents, <br />revenues and income to be derived from Ihe said premises during <br />5uch time as the indebledness shaH remain unpaid, and Ihe Lender <br />shall have power to appoint any agenl or ascnts it may desire for the <br />purpose of repairing said premises and of renting the same and <br />collecting lhe rents. revenues and income. and it may payout of said <br />incomes all expenses of repairing said premises and necessary <br />commissions and eKpcnses incurred in renting and managing the <br />same and of collecting rentals therefrom: the balance remaining, if <br />any. '0 be applied toward 'he discharge of said indebtedness. <br /> <br />8. That the Borrower will keep the improvements now existing or <br />hereafter erected on the property. insured as may be required from <br />time to time by the Lender against loss by fire and olh~r hazards, <br />casualties and contingencies in such amounts and for such periods as <br />may be required by Ihe Lender and will pay promptly, when due, <br />any premiums on such insurance. provision for payment of wbich <br />has nol been made hereinbefore. All insurance shall be carried in <br />companies approved by the Lender and the policies and renewals <br />thereof shall be held by ,he Lender and have allached therelD Joss <br />payable clauses in favor of and in form acceptable to the Lender. In <br /> <br />Page 2 01 5 <br /> <br />HUD.S2U3DT-. <br />
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