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<br />200707443 <br /> <br />BORIWWER COVEN^NTS that Borrower is lawfully seised of the estale hereby converd and IIiIS <br />the right to grant and convey the Property and that the Property is nnencumbered, except for encurnbralH:es <br />of record. Borrower warrants and will defend generally the title to the Property against all claims and <br />demands, subject to any encumbrances of record, <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifofln <br />covenants with limited variations by jurisdiction to constitnte a uniform security instroment covering real <br />property. <br />UNIFCWM COVEN^NTS. Borrower aIllI Lender covenant and agree as follows: <br />I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. <br />Borrowci' shall pay when duc the principal of, and .interesl lHI. Ihe debl evidenced hy thc Note a III I any <br />prcpaymcnl charges and late charges due undcr lhe Note. Borrower shall also pay funds for FsC\'ow Itcms <br />pursuant to Section :t Payments due under the Note and this Security Inslrument shall he miHk in U.S. <br />currency. However, if any check or olher instrument received by Lender as payment under lhe Note or this <br />Security Instrument is retnrned to Lender unpaid, Lender Illay require thai any or all subsequent payuwnts <br />due under the Note and this Security Instrument be made in one 01' more of the following forms, as <br />selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured hy a <br />federal ;igency, instrumentality, 01' entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by I,ender when received at the localion designated in the Note or al <br />such other location as may be designated by Lender in accordance with the nolice provisions in Seclion 15. <br />LeIlller may return any payment or partial payment if the payment or partial payments are insufficient 10 <br />bring the Loan current. Lender may accept any payment or partial payment insufficienl to bring Ihe Loan <br />current, without waiver of any rights hereunder OJ' prejudice to its rights to refuse such paynwnt or partial <br />payments in the future, but Lender is not obligated to apply such payments at the lime such payments are <br />accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need nol pay <br />interest on unapplied funds. Lender may hold such unapplied funds unlil Borrower makes payment to hring <br />the Loan cllrn:nL If Borrower does not do so within a reasonable period of tinlC, Lender shall either apply <br />such funds or retui'll thenl to Borrower. If not applied earlier, such fnnds will he applied to the outstanding <br />principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrowl'r <br />mighl have now or in the future against Lender shall relieve Borrower from makiog payments due under <br />the Note and this Security Instrument or performing the covenants and agreements secured by this Security <br />Instrumenf, <br />2. Application of Payments or Proceeds. Except as otherwise described in fhis Section i'., all <br />payments accepted and applied by Lender shall be applied in the following order of priority: (a) iOIl'rest <br />due under t1H' Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments <br />shidl 1)(' applied t.O each Periodic Paymenl in the order in which il became due. Any n~maining amounts <br />:,h,1I1 be ;Ipplied first to late charges, secoud to any other amouuts due under Ihis Security Inslnllnent, and <br />Own to n:duce the principal balance of the Note. <br />] I' Lender receives a payment from Borrower for a delinquent Periodic PaYlllent which includes a <br />sufficient amount to pay any late charge due, the paymenl Illay be applied to the delinquent paymenl and <br />the late charge. If more than one Periodic Payment is outslanding, Lender may apply any payment received <br />from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment call be <br />paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or <br />more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayrnents sball <br />be applied first to ,lilY prepayrnent charges and tben as described in the Note. <br />Any ;Ipplication of payments, insnrance proceeds, or Miscellaneous Proceeds to principal due under <br />Oil' Nole sball not extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Paynwnls are due <br />under the Note, unlil the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due <br />for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a <br />lien or encumbrance on the Property; (b) leasehold payments or ground renl.S on Ihe Property, if any: (c) <br />premiums ror any and all insurance required by Lender nnder Section S; and (d) Mortgag(: Insllrance <br /> <br />002004634292 <br />S-6A(NE) (O^07)01 <br />(0:) <br /> <br />1";t;,,I, C-,,--E~'L <br /> <br />Form 3028 1/0'1 <br />CitiMOItgilgC :J.2.II.04 VI <br /> <br />I'oye ^ or 15 <br />