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88106853
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88106853
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Last modified
3/9/2007 5:41:57 PM
Creation date
3/9/2007 4:45:09 AM
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DEEDS
Inst Number
88106853
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<br />RE,RECORDED 88-106853 <br /> <br />UNIFORM COVENANTS. Borrower ond LendercQvennnl nnd agree U5 follows: 88- 10341 S <br />1. Payment or Principal and InleTelt; Prepayment .and Latc CharReJ. Borrower sllllll promptly pay wife" (1uc <br />the principal of and interest on Ihedcbt evidenced by the Note ond nny prcpllymcnl nnd IOlc charges due under the Note. <br />1:. Funds ror TaxeS8nd Insur.nee. Subject to applicable low or 10 lJ written wUlver by Lender, Borrower shllll pay <br />to Lender op the doy monthly payments on: due under the NOle. unlil the Note is pnld in full. n sum (I'Funds") equal (0 <br />one-twclnb' of: (0) yenrly taxes and ollsessmcnts which may ntlnin priority over Ihl!) Security Instrument: (b) yeorly <br />leasehold payments or ground rents on the Property, if ony; (c) yenrly hazard insurance premiumsj llnd Cd) }'carly <br />mortgage insurance premiums, irany. These items arc called "escruw items." Lender may eslimate the Funds due on Ihe <br />basis ofcurrenl data and reasonable estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which arc insurc:d or guaranteed by a federal or <br />state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pny the escrow ilems. <br />Lender may nol charge for holding and applying the Funds. analyzing the account or verifying the escrow items. unless <br />Lender pays E;,)rrower interest on the Funds and app1ic2.ble 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, Lender shall not be required to pny 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 10 Ihe Funds wns made. The Funds are pledged as additional security for the sums secured by <br />this Security Instrument. <br />/ftbe amount of the Funds held by Lender, together with tbe future monthly payments of Funds payable prior 10 <br />Ihe 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 monthly payments of Funds. If the <br />amount of the Funds held by Lender is not sufficient to pay the esCfI.)W 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. If under paragraph 19 the Property is sold or acquired by Lender, Lender shalJ 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 BS a credit againsl 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 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 payable under paragraph 2; fourth. to interest due; and last, to principal due. <br />4. Chargesj Liens. Borrower shall pay all taxes, assessment "i. charges, fines and impositions attributable to the <br />Property which may attain priority. over this Securi[y Instrument, and leasehold payments or ground rents, if any. <br />Borrower shaU 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 the person owed payment. Borrower shall promptly furnish to Lt:nder 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: (41) <br />agrees in writing to the payment or the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good <br />failh 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 part of the 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 Property is subject to a lien which may attain priority over lhis Security Instrument. Lender may give Borrower a <br />~.,'. notice identifying the Ikn. Borrower shaJI satisfy the lien or take one or more of the actions sel fonh above within 10 days <br />of the giving of notice. <br />S. 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 term "extended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amount."i and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shaU not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender <br />all receipls of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof orloss irnot made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds 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 be lessened. the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 clays a notice from Lender that the insurance carrier has <br />offered to settle a claim, then Lender may colleclthe insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin <br />when the notice 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 date of the monthly payments referred to in paragraphs I and 2 or change the amount oflhe 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 shall pass to Lender 10 the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation Bnd Maintenance or ProperjWi Leaseholds. Borrower shall not destroy, damage or substantially <br />change the Propeny, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold. <br />Borrower shaH comply with the provisions of the lease, and if Borrower acquires fee title to the Property. the leasehold and <br />fee title shall not merge unless lender agrees to the merger in writing. <br />7. Protection or Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by [l lien which has priority over this Security <br />Instrument. appearing in court. paying reasonable attorneys' fees Bnd entering on the Property to make repairs. Although <br />Lender may take action under this paragraph 7, Lender docs not have to do 50. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security instrument. Unless Borrower and Lender agree to olher terms of payment. these amounts shall bear interl-st from <br />the date of disbursement at the Nole rate and shall be payable. with interesl. upon notice from Lender to Borrower <br />requesting payment, <br />
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