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86100663
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Last modified
10/18/2011 6:44:39 AM
Creation date
3/31/2008 2:02:30 PM
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DEEDS
Inst Number
86100663
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F <br />L <br />:'�.�t 100883 <br />UVtfORtMCCtvE%ANTS. BortvwerandLmderco� •ettantandazreeasitrl3�w, <br />1. Payment of Princ*el aced Interest: Prepitivinet t and Late Charges. Borrower shall promptly pay when due <br />the principal ofand interest on the debt evidenced by the Note and arty prepayment and late charges due under the Vote. <br />2. Rids farTattes mil Insurance. Subject to applicable law or toil written waiver by Lender. Borrower shall pay <br />to Lender ort the day monthly payments arc due under the dote. until the dote is paid in full. a sum ("Funds.") equal to <br />one- twelfth of: (a) yearly tars and assessments which may attain priorit% aver this Security Instrument: (b) yearly <br />leasehold payyments or ground rents on the Property, if any: icl yearly hazard insurance premiums: and td) yearly <br />mortgage insurance premiums, if any. These items are called "escrow items." Lander may estimate the Funds due on the <br />basis of camstt data and reasonable estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state agency (including Lender if fender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lander may not charge for holding and applying the Funds. analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interest cm the Funds and applicable law' permits Lender to make such a charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to be paid, Leader shall not he required to pay Borrower any interest or carmligs on the Funds. Lender <br />shad give to Borrower, without charge, an annual accounting of the Fund. ;hawing credits and debits to the Funds and the <br />purpose for which each dthit to the Funds was made. The Fund:. are pledged as additional security for the sums secured by <br />this Security Instrument_ <br />If the amount of the Funds held by Lender. together with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the <br />amount of the Funds held by Lender is not sufficient to pay the escrow items when due. Borrower shall pay io Lender any <br />amount necessary to make Up the deficiency in one or more payments as required by Lender. <br />Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender. Lender shall apply, no later <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of <br />application as a credit against the sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lende. ender <br />paragraphs I and 2 shall be applied: first, to late charges due under the Note; second. to prepayment charges due urger the <br />Note; third, to amounts payable under paragraph 2; fourth. to interest due: and last, to principal due. <br />g. Charges: Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable t0 the <br />Property which may attain priority . over this Security Instrument, and leasehold payments or gi-OUM os. if any. <br />Borrower shall pay these obligations in the manner provided in paragraph 2. or if not paid to that mannc. 7 ower shad': <br />pay than on time directly to the person owed payment. Borrower shall promptly furnish io Lander all nct,: _> ,)f amounts <br />to be paid under this paragraph. If Borrower snakes these payments directly, Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Insirument unless Borrower ;a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable w Lender: {b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any pan of the Property: or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of <br />the Property is subject to a lien which may attain priority over this Security Instrument. Lender may give Borrower a <br />notice identifying the "lien. Borrower shall satisfy- the lien or take one or more of the actions set forth abtn e within 10 days <br />oft he giving of notice. <br />5. Hazard insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not he <br />unreasonably withheld. <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 Lender <br />all receipts of paid premiums and renewal notices_ In the event of loss. Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Property damaged. if the restoration or repair is economically feasible and Lender's securin is not lessened. If the <br />restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance earner has <br />offered to settle a claim, then Lender may collect the insurance proceeds Lender may use the proceeds io repair or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The 10 av period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal &hail not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and or change the amount of the payments. If <br />under paragraph 19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of ProperW-, Leaseholds. Borrower shall not destroy. damage or substantially <br />change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a icasehold. <br />Borrower"] comply with the provisions of the lease. and if Borrower acquires fee title to the Property, the leasehold and <br />fee title shah not merge unless Lender agrees to the merger in writing. <br />7. Protection of Leader's Rights is the Property; Mortgage Insurance. if Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affect <br />Leridef s tights in the Property (such as a proceeding in bankruptcy, probate. for condemnanon or to enforce Saws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a hen which has priority o%er''his Security <br />Instrument, appearing in court. paying reasonable attorneys' fees and entering on the Property to make repairs Although <br />Lender may take action under this paragraph, Lender does not have to do so <br />Any amounts disbursed by Lender under this paragraph' shall become additional deht of BorroK er secured by this <br />Securty Instrument. Unless Borrower and Lender agree mother terms of payment. these amounts shall hear interest from <br />the date of disbursement at the Note rate and shall he payable. with interest. upon rint:ce nom L ender to Borrower <br />requesting payment. <br />I <br />
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