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<br />200710169 <br /> <br />Secured Indehtedness. The debt evidenced by the Note and which is secured by this Security Instrument is <br />subject to the provisions of 12 CFR 226.32. Borrower acknowledges that Borrower has received the disclosures <br />prescribed by 12 CFR 226.32 at least three business days prior to the exet-'Ution of the Note and this Security <br />Instrument, or as otherwise required by 12 CFR 226.31. Borrower and Lender further acknowledge and agree that <br />this Security Instrument will secure additional debt subject to 12 CFR 226.32 only if Lender satisfies the necessary <br />requirements imposed on such debt imposed by 12 CFR 226.32 and Applicable Law. <br /> <br />Borrower and Lender covenant and agree aslollows: <br /> <br />Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the <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 Set-'Ufity Instrument, the term "Applicable Law" shall mean all controlling <br />applicable federal, state and local statutes, regulations, ordinances and administrative rules iUld orders (that have <br />the effect oflaw) as well as all applicable final, non-appealable judicial opinions. <br /> <br />Funds for Taxes and Insurance. At Lender's request and subject to Applicable Law, Borrower shall pay to <br />Lender on the day periodic payments are due lUlder 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 Instrument as a lien on the Property; (b) <br />yearly leasehold payments or ground rents 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 with the provisions of the paragraph titled Mortgage <br />Insurance, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Hems." <br />Lender may, at any time, collect and hold FUluls in an amount not to exceed the maximum amOlUlt a lender for a <br />federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate <br />Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.c. Section 2601 et seq. ("RESPA"), <br />unless another Applicable Law that applies to the Funds sets a lesser amOUllt. If so, Lender may, at any time, <br />collect and hold FUlUls in an amount not to exceed the lesser amOUllt. Lender may estimate the amount of Funds <br />due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otllerwise in <br />accordance Witll Applicable Law. <br /> <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is sllch an institution) or in ,my Federal Home Loan Bank. Lender shall apply the <br />Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow accoUllt, or verifYing the Escrow Hems, unless Lender pays Borrower interest on the Funds <br />and Applicable Law permits Lender to make such a charge. Howev(,'r, Lender may require Borrower 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 a!,'l"eement is made or Applicable Law requires interest to be paid, <br />Lender shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender may <br />agree in writing, however, tllat interest shall be paid on the Funds. Lender shall give to Borrower, without charge, <br />an annual accounting ofthe Funds, showing credit~ and debit~ to tlle Funds and the purpose ror which each debit to <br />the Funds was made. The Funds are pledged as additional security for all sum~ secured by this Security Instrummt. <br /> <br />If the Funds held by Lender exceed the amoUllts permitted to be held by Applicable Law, Lender shall account to <br />Borrower for the excess Funds in accordance with the requirements of Applicable Law. If the amount orthe Funds <br />held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in <br />writing, and, in such case Borrower shall pay to Lender tlle amount necessary to make up the deficiency. Borrower <br />shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. <br /> <br />Upon payment in rull of all sums secured by this Security Instrument, Lender shall promptly refiUld to Borrower <br />any Funds held by Lender. If, under the section titled Acceleration; Remedies, Lender shall acquire or sell the <br />Property, Lender, prior to the acquisition or sale of the Property, shall apply any FUllds held by Lender at the time <br />of acquisition or sale as a credit against the sums secured by the Security Instrument. <br /> <br />@2004-2007 CoP)"ib"" Cmnplionco SYS''"'~' It"" 8C9C.EDAS - 2007.01.201 <br />COHlILUTICf Real E~tate ~ Security llllltnunent DL2036 <br /> <br />ro." 2 ofR <br /> <br />www.oompliance$Y!.item!.i.com <br />800-968-RS22 - Fax 616-956-IR6R <br />