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.~, :200706870 (Page 2 af 6) TOGETHER with all the improvements naw or hereafter erected an the property, and all easements, rights, appurtenances and rents (subject however to. the rights and authorities given herein to Lender to. callect and apply such rents), all of which shall be deemed to be and remain a part af the property cavered by this Deed af Trust; and all of the foregoing, tagether with said praperty (or the leasehold estate if this Deed af Trust is on a leasehold) are hereinafter referred to. as the "Praperty." Barrawer cavenants that Barrower is lawfully seised of the estate hereby canveyed and has the right to grant and convey the Praperty, and that the Property is unencumbered except for encumbrances af recard. Barrower covenants that Barrower warrants and will defend generally the title to. the Praperty against all claims and demands, subject to encum brances of record. UNIFORM COVENANTS. Barrower and Lender covenant and agree as fallows: 1. Payment af Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Barrawer shall pay when due the principal af, and interest (including any variatians in interest resulting fram changes in the Cantract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Barrawer shall also pay funds far Escraw Items pursuant to paragraph 3. Payments due under the Note and this Deed af Trust shall be made in U.S. currency. Hawever, if any check ar ather instrument received by Lender as payment under the Note ar this Deed af Trust is returned to Lender unpaid, Lender may require that any ar all subsequent payments due under the Note and this Deed af Trust be made in ane ar more of the following farms, as selected by Lender: (a) cash; (b) maney arder; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upan an institutian whose deposits are insured by a federal agency, instrumentality, ar entity; or (d) electranic funds transfer. Payments are deemed received by Lender when received at the location designated in the Nate ar at such ather lacatian as may be designated by Lender in accordance with the notice provisians in paragraph 12. Lender may return any payment or partial payment if the payment or partial payments are insufficient to. bring the Laan current. Lender may accept any payment or partial payment insufficient to. bring the Loan current, without waiver af any rights hereunder or prejudice to its rights to. refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each monthly payment is applied as of its scheduled due date, then Lender need nat pay interest on unapplied funds. Lender may hald such unapplied funds until Borrower makes payment to. bring the Loan current. If Barrawer does not do so within a reasanable period of time, Lender shall either apply such funds ar return them to Barrawer. If not applied earlier, such funds will be applied to. the autstanding principal balance under the Note immediately prior to foreclosure. No. affset ar claim which Borrower might have now or in the future against Lender shall relieve Barrawer from making payments due under the Note and this Deed af Trust or performing the cavenants and agreements secured by this Deed of Trust. 2. Applicatian of Payments ar Praceeds. Except as atherwise described in this paragraph or as may be required by the Note and/or applicable law, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amaunts due under paragraph 3. Such payments shall be applied to. each monthly payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any ather amounts due under this Deed of Trust, and then to reduce the principal balance of the Nate. If Lender receives a payment from Borrower far a delinquent fl196thly payment w!1ichincludes a sufficient amount to. pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one monthly payment is outstanding, Lender may apply any payment received from Borrower to. the repayment of the monthly payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment af ane or more manthly payments, such excess may be applied to. any late charges due. Valuntary prepayments shall be applied first to any prepayment charges and then as described in the Nate. Any applicatian af payments, insurance proceeds, ar miscellaneous proceeds to. principal due under the Note shall nat extend or pastpane the due date, or change the amaunt, of the monthly payments. 3. Funds for Escrow Items. Barrawer shall pay to Lender on the day manthly payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide far payment of amount due far: (a) taxes and assessments and ather items which can attain priarity over this Deed af Trust as a lien or encumbrance on the Property; (b) leasehold payments or graund rents on the Property, if any; (c) premiums for any and all insurance required by Lender under paragraph 5; and (d) Martgage Insurance premiums, if any. These items are called "Escrow Items." At arigination or at any time during the term of the Laan, Lender may require that Cammunity Association Dues, Fees, and Assessments, if any, be escrawed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Barrawer shall promptly furnish to. Lender all notices of am aunts to. be paid under this paragraph. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Barrawer's abligation to pay the Funds far any ar all Escrow Items. Lender may waive Barrower's abligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the am aunts due for any Escrow Items far which payment af Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time periad as Lender may require. Borrower's abligation to make such payments and to provide receipts shall for all purpases be deemed to be a cavenant and agreement contained in this Deed of Trust, as the phrase "covenant and agreement" is used in paragraph 7. If Barrower is obligated to pay Escraw Items directly, pursuant to a waiver, and Barrawer fails to pay the am aunt due far an Escrow Item, Lender may exercise its rights under paragraph 7 and pay such am aunt and Borrower shall then be abligated under paragraph 7 to. repay to Lender any such am aunt. Lender may revake the waiver as to any or all Escraw Items at any time by a natice given in accordance with paragraph 12 and, upan such revacation, Borrower shall pay to. Lender all Funds, and in such am aunts, that are then required under this paragraph. Lender may, at any time, collect and hald Funds in an amount (a) sufficient to. permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act (12 U.S.c. Section 2601 et seq.) and its implementing regulatian, Regulatian X (24 C.F.R. Part 35000), as they might be amended from time to time, ar any additional or successor legislatian ar regulation that governs the same subject matter (herein "RESP A"); and (b) nat to exceed the maximum amaunt a lender can require under RESP A. As used in this Deed of Trust, RESP A refers to all requirements and restrictians that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount af Funds due on the basis of current data and reasonable estimates af expenditures of future Escraw Items or otherwise in accardance with applicable law. 12-05-05 DOT NE001102 11111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111l1li1111111111111111111111111111111111111111111111111 ~G75F82E58H94DDT8000NEOOll020~~GOATLEY ~ ORIGINAL