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<br />200710169 <br /> <br />Application of Payments. Unless Applicable Law provides otherwise, all payments received by Lender shall be <br />applied: first, to any prepayment charges due lUlder the Note; second, to amounts 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, fines and impositions attributable to the <br />Property which may attain priority over this Security Instmment, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided in section titled Funds for Taxes and Insurance, or <br />ifnot paid in that manner, Borrower shall pay them on time directly to the person owed payment. At the request of <br />Lender, Borrower shall promptly furnish to Lender receipts evidencing the payments. <br /> <br />Borrower shall promptly discharge any lien which has priority over this Sa:urity Instmment unless Borrower: (a) <br />ab'Tees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) <br />contests in good faitll the lien by, or deknds against enforcement of tlle lien in, legal proceedings which in the <br />Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instmment. If Lender determines that any <br />part of the Property is subject to a lien which may attain priority over this Security Instmment, Lender may give <br />Borrower a notice identifying the lien. Borrower shaIl satisfy the lien or take one or more of the actions set forth <br />above within 10 days of the giving of notice. <br /> <br />Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the <br />Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, <br />including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the <br />amounts and Jor the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by <br />Borrower subject to L(,'Jl(ler's approval which shall not be unreasonably withheld. If Borrower fails to maintain <br />coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the <br />Property in accordance with section titled Protection of Lender's Rights in the Property. <br /> <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 <br />Lender all receipts of paid premiums and renewal notices. In the event ofloss, Borrower shall give prompt notice <br />to the insurance camer and Lender. Lender may make proof of loss if not made promptly by Borrower. <br /> <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged, if the restoration or repair is economicaIly feasible and Lender's security is not <br />lessened. If the restoration or repair is not economicaIly feasible or Lender's security would be lessened, the <br />insurance proceeds shall be applied to tile sums secured by this Security Instrument, whether or not then due, with <br />any excess paid to Borrower. If Borrower abandons the Property, or does not answer within the number of days <br />prescribed by Applicable Law as set fOrtIl in a notice from Lender to Borrower that the insurance carrier has <br />offered to settle a claim, then Lender may coIlect the insurance proceeds. Lender may use the proceeds to repair or <br />restore the Property or to pay sums secured by this Security Instmment, whether or not then due. The period of <br />time for Borrower to answer as set forth in the notice will begin when the notice is given. <br /> <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shaIl not extend <br />or postpone the due date of the payments referred to in the sections titled Payment of Principal and Interest; <br />Late Charges and Funds for Taxes and Insurance or change the amolUlt of the payments. If und('T the section <br />titled Acceleration; Remedies, tile Property is acquired by Lender, Borrower's right to any insurance policies and <br />proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the <br />sums secured by tlus Security Instrunlent immediately prior to the acquisition. <br /> <br />Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br />Borrow(,T shaIl not destroy, damage or impair the Property, aIlow the Property to deteriorate, or commit waste on <br />the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is beplll <br />that in Lender's good faith judgment could result in forfeiture afthe Property or otherwise materially impair the <br />lien created by this Security Instmment or Lender's security interest. Borrower may cure such a default and <br /> <br />~ 2004.2007 Copyright Compli.noo Sy>ltem>, ,"". RC9C-[iDA5" 2007.01.2Ot <br />COJlS\UllCJ:'Real E!iotate - Security Imtrumc'IIl DI..2036 <br /> <br />hgd of 8 <br /> <br />www.cmnpliaIl.cellyster.I:Ls.oom <br />~00.968.8522. Fax 616.956-1868 <br />