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<br />20070~288 <br /> <br />Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due tllC <br />principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the <br />Note. <br /> <br />Applicable Law. As used in this Security Instnunent, the te-,-m "Applicable Law" shall mean all controlling <br />applicable f'exlL-,-a], state and local statutes, reb'ulations, ordinances and administrative TIlles and orders (that have <br />the effect of law) as well as all applicable tinal, non-appealable judicial opinions. <br /> <br />Funds for Taxes and Insurance. At Lender's request and su~ject to Applicable Law, Borrower shall pay to <br />Le'nder on the day periodic payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) <br />yearly taxes and assessments which may attain priority over this Security lnstmment as a lien on the Property; (b) <br />ycarly Iea~chold payments or ground f(,'nts on the Property, if any; (c) yearly hazard or property insurance <br />premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) <br />any sums payable by Borrower to Lender, in accordance Witll the provisions of the paragraph titled Mortgage <br />Insurance, in lieu of the payment of mortgage insurance premiums. These items arc called "Escrow Items." <br />Lende'T may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender te)r a <br />federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate <br />SeUlemL'llt Procedures Act of 1974 as amcnded from time to time, 12 USe. Section 2601 et SClJ. ("RESPA"), <br />unless another Applicable Law that applies to the Funds sets a lesser amOlUlt. If so, Lender may, at any time, <br />collcct and hold Funds in an amount not to excccd thc k'Sser amount. Lende'T may cstimatc the amount of Funds <br />due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in <br />acconliUlce with Applicable Law. <br /> <br />The FlUlds shall bc held in an institution whosc deposits arc insured by a fede-,-al age'llcy, instrumentality, or e11tity <br />(induding Lender, if Lender is such an institution) or in any Federal Home Loan Bimk. Lender shall apply the <br />FlUlds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or verifYing the Escrow Items, lUlless Lender pays Borrower interest on the Funds <br />and Applicable Law permits Lender to make such a charge. Howe'VL'T, Lenc)(,'T may require BorrowL'T to pay a one- <br />time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless <br />Applicable Law provides otherwise. Unless an agreement is made or Applicable Law requircs intercst to be paid, <br />Lender shall not be required to pay Borrower any interest or e,IDlings on the Flmds. Borrower and Lender may <br />abJfee in writing, however, that interest shall be paid on the F1Ulds. Lender shall give to Borrower, without charge, <br />an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to <br />the F1Ulds was made. The Funds are pledged as additional secmity tor all sums secured by this Secmity lnstnunent. <br /> <br />If the Fmlds held by Lender exceccl thc amounts permitted to be held by Applicable Law, Le'Jl()(,'T shall account to <br />Borrower for the excess Funds in accordance with the requirements of Applicable Law. If the amount of the Funds <br />held by Lender at any time is not sufl:icient to pay the Escrow hems when due, Lender may so notify Borrower in <br />writing, and, in such case Borrower shall pay to LendL-'- the amount necessary to make up the deficiency. Borrower <br />shall make up the deficiency in no more th,Ul twelve montllly payments, at Lender's sole discretion. <br /> <br />Upon payment in full of all sums secnred by this Securhy Instrument, Lender shall promptly rcl"und to BOrrOWL'T <br />any Flmds held by Lender. If, lUlder the section titled Acceleration; Remedies, Lender shall acquire or sell the <br />Property, Lenckr, prior to the acquisition or sale orthe Property, shall apply any Funds held by Lender at the time <br />of acquisition or sale as a credit against the sums secured by the Security Instrument. <br /> <br />Application of Payments. Unless Applicable Law provides otherwise, all payments reccivccl by Lendc'T shall be <br />applied: first, to any prepayment charges due under the Note; second, to amomlts payable under the section titled <br />Funds for Taxes and Insurance; third, to interest due; fourth, to principal due; and last, to any late charges due <br />under the Note. <br /> <br />Charges; Liens. Borrower shall pay all taxes, assessments, charges, lines and impositions attributable to the <br />Property which may attain priority over this Security Instrument, and leasehold payn1L11ts or gTOlUld rents, if any. <br />Borrower shall pay these obligations in the manner providccl in section titled Funds for Taxes and Insurance, or <br /> <br />() 2004-2007 CopYlight. Compliance 8)'>1.""". Inc. HC9C-FnA - 2007.01.201 <br />CmlDtlJn~ Real n~tate - Sc:cwity Inal,rl.lJTlcut DL2036 <br /> <br />rage 2 01"8 <br /> <br />www.compliancosy3t.cms.com <br />HOO-90H-H522 - Fax 01 0-956-IHoH <br /> <br />>(/~ <br />\@; <br />