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200804918
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6/9/2008 2:48:26 PM
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6/9/2008 2:48:23 PM
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DEEDS
Inst Number
200804918
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<br />200804918 <br /> <br />with the date the first payment of principal and interest shall become due on the Indebtedness, a <br />deposit to pay the Impositions and insurance premiums (hereinafter collectively referred to as the <br />"Charges") in an amount equal to: <br /> <br />(a) One-twelfth (1/12) of the annual Impositions next to become due upon the <br />Premises; provided that, with the first such deposit, there shall be deposited in <br />addition an amount as estimated by Mortgagee which, when added to monthly <br />deposits to be made thereafter as provided for herein, shall assure to Mortgagee's <br />satisfaction that there will be sufficient funds on deposit to pay the Impositions as <br />they come due; plus <br /> <br />(b) One-twelfth (1/12) of the annual premiums on each policy of insurance required <br />to be maintained hereunder; provided that with the first such deposit there shall be <br />deposited, in addition, an amount equal to one-twelfth (1/12) of such annual <br />insurance premiums multiplied by the number of months elapsed between the date <br />premiums on each policy were last paid to and including the date of deposit; <br /> <br />provided that the amount of such deposits shall be based upon Mortgagee's estimate as to the <br />amount of Impositions and premiums of insurance next to be payable and may require that the <br />full amount of such payment will be available to Mortgagee at least one month in advance of the <br />due date. Mortgagee will, upon timely presentation to Mortgagee by Mortgagor of the bills <br />therefor, pay the Charges from such deposits. Mortgagor agrees to cooperate and assist in <br />obtaining of tax bills when requested by Mortgagee. In the event the deposits on hand shall not <br />be sufficient to pay all of the estimated Charges when the same shall become due from time to <br />time, or the prior deposits shall be less than the currently estimated monthly amounts, then <br />Mortgagor shall immediately pay to Mortgagee on demand any amount necessary to make up the <br />deficiency. The excess of any such deposits shall be credited towards subsequent Charges. <br /> <br />If an Event of Default shall occur under the terms of this Deed of Trust, Mortgagee may, <br />at its option, without being required so to do, apply any deposits on hand to the payment of <br />Charges whether then due or not or to the Indebtedness, in such order and manner as Mortgagee <br />may elect. When the Indebtedness has been fully paid any remaining deposits shall be returned <br />to Mortgagor as its interest may appear. All deposits are hereby pledged as additional security <br />for the Indebtedness, shall be held for the purposes for which made as herein provided, may be <br />held by Mortgagee or its servicing agent, shall be held without allowance of interest thereon and <br />without fiduciary responsibility on the part of Mortgagee or its agents and shall not be subject to <br />the direction or control of Mortgagor. Neither Mortgagee nor its servicing agent shall be liable <br />for any act or omission made or taken in good faith. In making any payments, Mortgagee or its <br />servicing agent may rely on any statement, bill or estimate procured from or issued by the payee <br />without inquiry into the validity or accuracy of the same. If the taxes shown in the tax statement <br />shall be levied on property more extensive than the Premises, Mortgagee shall be under no duty <br />to seek a tax division or apportionment of the tax bill, and any payment of taxes based on a larger <br />parcel shall be paid by Mortgagor and Mortgagor shall expeditiously cause a tax subdivision to <br />be made. <br /> <br />12 <br /> <br />Doc# 2675364\2 <br />
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