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200710520
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12/18/2007 3:01:30 PM
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12/18/2007 3:01:28 PM
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DEEDS
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200710520
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<br />200710520 <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has <br />the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances <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-uniform <br />covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real <br />property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. <br />Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any <br />prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items <br />pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. <br />currency. However, if any check or other instrument received by Lender as payment under the Note or this <br />Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments <br />due under the Note and this Security Instrument be made in one or 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 by a <br />federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at <br />such other location as may be designated by Lender in accordance with the notice provisions in Section 15. <br />Lender may return any payment or partial payment if the payment or partial payments are insufficient to <br />bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan <br />current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial <br />payments in the future, but Lender is not obligated to apply such payments at the time such payments are <br />accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay <br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring <br />the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply <br />such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding <br />principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower <br />might have now or in the future against Lender shall relieve Borrower from making payments due under <br />the Note and this Security Instrument or performing the covenants and agreements secured by this Security <br />Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all <br />payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest <br />due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments <br />shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts <br />shall be applied first to late charges, second to any other amounts due under this Security Instrument, and <br />then to reduce the principal balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a <br />sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and <br />the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received <br />from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can 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 prepayments shall <br />be applied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under <br />the Note shall 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 Payments are due <br />under the Note, until 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 rents on the Property, if any; (c) <br />premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance <br /> <br />8800332778 <br /> <br /> <br />8800332778 <br /> <br />.-6A(NE) (0407).01 <br />@ <br /> <br />Page 4 of 15 <br /> <br />Form 3028 1/01 <br />
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