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<br />200710356 <br /> <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and <br />fixtures now or hereafter a part of the property. All replaccmcnts and additions shall also be covered by this Sccurity <br />Instrume;nt. All of the foregoing is referred to in this Security Instrument as the "Propcrty." <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conve;yed and has the right to grant and <br />convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrowcr warrants and will <br />defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT eombines uniform covenants for national use and non-uniform covenants with limited <br />variations by jurisdiction to constitute a uniform security instrumLllt covering real property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. 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 prepaymcnt and late; charges due under the Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to <br />Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes <br />and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments <br />or ground rents on the Property, if any; (e) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, <br />if any; (e) yearly mortgage insuranee; premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with <br />thc provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." <br />Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally <br />related mortgage loan may require for Borrower's escrow account under the federal Real Estate Scttlement Procedures Act of <br />1974 as amended from time to time, 12 U.s.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds <br />sets a lesse;r amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. <br />Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future <br />Escrow Items or otherwise in accordance with applicable law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity <br />(including Lende;r, if Lender is such an institution) or in any Fcderal Home; Loan Bank. Lender shall apply the Funds to pay the <br />Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or <br />verifying the Escrow Items, unless Lender pays Borrowe;r interest on the Funds and applicable law permits Lender to make such <br />a charge. However, Lender may require Borrowe;r to pay a one-time charge for an independent real cstatc tax rcporting service <br />used by Lendcr in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or <br />applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. <br />Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give; to Borrower, <br />without chargc, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which caeh <br />de;bit to the Funds was made. The Funds are; pledged as additional security for all sums secured by this Security Instrument. <br />If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower <br />for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any <br />time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower <br />shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make; up the deficiency in no more than <br />twdve monthly payments, at Lender's sole discrt.-1ion. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any <br />Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale <br />of thc Propcrty, shall apply any Funds held by Lender at thc time of acquisition or sale as a credit against the sums secured by <br />this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lcnder under paragraphs <br />1 and 2 shall be applied: first, to any prepayment charges due under the Note; sccond, to amounts payable under paragraph 2; <br />third, to interest due; fourth, to principal due; and last, to any late charges due under the Note;. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property <br />which may attain priority over this Seeurity Instrument, and leasehold payments or ground rents, if any. Borrower shall pay <br />these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly <br />to the pcrson owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. <br />If Borrower makes these payments directly, Borrower shall promptly furnish to Lcnder reeeipts evidencing the payments. <br />Borrower shall promptly dischargc any lien which has priority over this Security Instrument unless Borrower: (a) agrees in <br />writing to the payment of the obligation secured by the lien in a manner acceptable to Lcnder; (b) contests in good faith the lien <br />by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the <br />enforcement of the lien; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to <br />this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over <br />this Security Instrument, Lender may give; Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or <br />more of the actions set forth above within 10 days of the giving of notice. <br /> <br />Fonn 3028 9/90 <br /> <br />~ -GR(NE) (9212).04 <br />@ <br /> <br />P~e 2 of 6 <br />