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86105983
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Last modified
10/18/2011 7:44:07 PM
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3/31/2008 3:20:16 PM
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DEEDS
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86105983
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86- 10598-3 <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 <br />the principal of and interest on the debt evidenced by the Note and any prepayment 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 <br />to Lender on the day monthly payments are due under the Note, until the Note is paid in full. a sum ( "Funds") equal to <br />one - twelfth of (a) yearly taxes and assessments which may attain priority over this Security Instrument: (b) yearly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of current 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 (inclwdin tder i. Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not ch e p !ding and applyin the Funds, analyzing the account or verifying the escrow items. unless <br />7DOOi0QCjilf� xiBD applicable law permits Lender to make such a charge. Borrower and <br />Lender may agre in writing at interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to paid, der shall not be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrowe , ' ut charge, an annual accounting of the Funds showing credits and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds 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 he. <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 to 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 Lender under <br />paragraphs 1 and 2 shall be applied: first, to late charges due under the Note: second, to prepayment charges due under the <br />Note: third, to amounts payable under paragraph 2; fourth. to interest due. and last. to principal due. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments• charges, fines and impositions attributable to the <br />Property which may attain priority over this Security Instrument, and leasehold payments or ground rents. if am <br />Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes 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 Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to 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 part 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 hen or take one or more 0f the actions set forth above within 10 days <br />of the 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 %%Inch 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 Lenders approeal which shall not be <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 10 Lender <br />all receipts of paid premiums and renewal notices. In the event of Los.. Borrower shall gt%c 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 ,hal! be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is econormcalb% feasible and Lender's security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's securit 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 :ender that the insurance carrier has <br />offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument. whether or not then due. The ±0 -day period % %ill begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree,.-. w riling.an. apj f pr ids i : pr,,,c; pal -`all no; citwnd or <br />postpone the due date of the mottthly payments referred to in paragraphs 1 and 2 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 Property; Leaseholds. Borrower shall not destroy. damage or subaantialh <br />change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease, and if Borrower scgwre% fee title to the Propert, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in w riling. <br />7. Protection of Leader's Rights in the Property; Mortgage Insurance. If Borrower falls no perfirm the <br />covenants and agreement-, contained to this Security Instrument, or there is a legal pioccedmc that may signitikantly athect <br />Lender's rights in the Property (such as a proceeding in bankruptc), probate, for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to prok-0 the %slue of the Property and Lender's rghts <br />in the Property. I ender's actions may include paying any sums secured b% a hen %%itch has priority over this sccurtt <br />Instrument. appearing in court, paying reasonable attorneys' fees and entering on the Property to make repair. Although <br />Lender may take action wider this paragraph 7. Lender does not have to do so <br />Any amounts di%hur%cd by Lender under this paragraph ' shall become additional deht of Borr+%%cr secured by this <br />Security Instrument Unless Borrower and Lender agree io other terms of pay rent. these amounts shall twai intcresi from <br />the date of dishur%cment at the Note rate and shall he payable. with micre%t, upon noUcc fr,an I ender to Bo! rowel <br />requesting payment <br />
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