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80004739
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Last modified
1/13/2010 9:48:07 PM
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1/13/2010 9:47:41 PM
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DEEDS
Inst Number
80004739
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$~-= Uv473~ <br />L'NiFORM Ccvsxar,tts. Bonower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest. Borrower shall pramptN pzy when due the principal of and interest on the <br />indebtedness evidenced by' the Note. arepayment and late charges as provided in the Noe, and the principal of and interest <br />on an}' Future Advances secured by this Mortgage. <br />2. Fnnds far Taxes and Insurance. Subject to applicable law or to a warren waiver by Lender. Borrower shall pay <br />[o Lender on the day monthly installments of principal and interest are payable under ffie Note. until the Note is paid in full. <br />a sum (herein "Funds") equal to one-twelfth of the yeariy~ taxes and azxssments which may attain priority over this <br />Mortgage. and ground ants on the Property. if any. plus one-twelfth of yearly premium installments for hazard insurance. <br />plus one-twelfth of yearly premium installments for mottgat[e insurance, if any. all as reasonably estimated initialW and from <br />rime xo time be Levder on the basis of assessments and bills and reasonable estimates thereof. <br />The Funds shall be held in an institution the deposiu or accounu of-which are insured or guaranteed by a Federal or <br />state agency (including Lender if Lender is such an institution). Lender shall zpplc the Funds to pay said taxes. azsessmenu, <br />insuratce premiums and ground rents. Lender may not charge for so holding and applying the Funds. analyzing said account. <br />o: verifying and compiling said assessmenu and bills, unless Lender pays Borrower interest on the Funds avd applicable law <br />permiu Levder to make such a char¢e. Borrower and Lender may agree in writing at the time of execution of this <br />Mortgage that interest on the Funds shall be paid [o Borrower, and unless such agreement is made er applicable law <br />requires such interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debiss to the Funds avd the <br />purpose for which each debit to the Funds was made. The Funas are pledged as additional security, for the sums secured <br />by this Sortgage. <br />If the amount of the Funds held by Lender. together with the future monthh• installments of Funds payable prior to <br />the due dates of taxes, rssessmenu. insurance premiums and ground repo, shall exceed the amount required to pzy said taxes, <br />assessmenu. insurance premiums and ground rents as they fall due. such excess shall be. at Borrowers option, either <br />promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. if the amount of the Funds <br />held by Lender steal! not be sufficient to pay taxes, assessmenu. insurance premiums and ground rents az they fall due. <br />Borrower shall pay to Lender any amount necessary to mike up the deficiency within 3D days Tram the date notice is mailed <br />by Lender to $onower requesting payment thereof. <br />upon payment in full of all sums secured by this Mongage. Lender shall promptly refund to Borrower any Funds <br />held by Lender. If under paragraph 1 S hereof the Propem~ is sold or the Propene is otherwise acgmred by Lender, Lender <br />shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held b}' <br />Lender at the time of application as a credit against the sums secured b}' this Mortgage. <br />3. AppBcation of Paymenu. unless applicable law provides otherwise. all paymenu received by Lender uvder the <br />Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower <br />under paragraph Z hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and <br />principal on nay Futwe Advances. <br />4. Charges; liens. Borrower shalt pay all taxes. assessmer.[s and other charges. fines and impositions attributable to <br />the Propem• which may attain a priority over this Mongage. and leasehold payments ar ground rents. if any, in the manner <br />provided under paragraph Z hereof or. if no[ yard in such manner. by Borrower making payment, when due. directly to the <br />payce thereof. Borrower shall promptly furnish to Lender all notices of amounu due under this paragraph. and in the event <br />Borrower shall make payment directh~. Borrower shall prompth' furnish to Lender receipts evidencing such paymenu. <br />Borrower shalt proinpth• discharge any lien which has pnorin• vvcr this Mongage: pravtded. that Borrower shall not be <br />required to discharge avy such lien so long as Bonower shall agree in writing m the payment of the obhgation severed by <br />such lien in a manner acceptable m Lender, or shall in good f aith contest such lien by. or defend enforcement of such lien rn. <br />Legal procttdings which operate to prevent the entorcement of the tiro or Porfenure of the Property yr any pan thtrzof. <br />5. Ilxzard Insurance. Bonower shah keep the improvements paw txistinc or htreafttr treetcd an the Property insured <br />against loss by 5re. hazards enduded wiWm the term "extended coverage". and such other hazards as Lender map requue <br />sad kn such amaanu and far such ~riods as Lender may require: provided, chat Lender chat! nut rtquirr ?hat the amount of <br />such coverage exceed that amount of cn~. erage required to pay iht sumx secured 6}' this Mortgage. <br />T7te insurance tamer providing the insurance shall be chosen by Bonower subicct to approval by Lentier: provided, <br />that such approval shall not be uareasmably withheld. All premiums an insurance policies shall be paid m the manner <br />provided under pazagraph 2 hereof or. if not yard in such mamer. by Borrower making payment, when due. directly to the <br />insurance carrier. <br />All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mongage <br />clause in favor of and in form acceptable to Lender. Lecder shall have the right to hold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender all revewal ponces and all rectiprs of paid premiums. In the event of less. <br />Borrower shalt give prompt notice to [be insurance carver and Lender. Lender may make proof of loss rt not made promptly <br />by Borrower. <br />Unless Lender sad Borrower othetwise agree in writing. insurance proceeds shall be applied to restoration or repair of <br />the Property damaged. provided such restoration or repay rs economically feasible and the security of this Mortgage is <br />no[ thereby impaired. If such restoration or rtpau is not economically Erosible or if the secunn' of this Mortgage would <br />be impaired, the insurance proceeds shall be applied to the sums secured by this Mongage. u~uh the escess. if an>~, paid <br />to Borrower. If [he Property is abandoned b} Borrower. or tt Borrower tails ra respond to Lender wtth~n 3D days Lrom the <br />dot notice is moiled by Lender to Bonower that the insurance carrier offers ra senle a claim for insurance benefits. Lender <br />is authoriud to collect and apply the inswance proceeds at Lender's option either to ratoration or rtpatr of the Propem <br />or to the sums secwed by this Mortgage. <br />UNeus Lender and Bonower otherwise agree m wtivng, any such application of proceeds to pnnctpal shall not extend <br />or postpone the due date of the monthly installmenu referred to in paragraphs I and ?hereof or change the amount of <br />such instdlmenu. if under paragraph 1 S htreo•. the Propem ti acgmred b~ Lender. ate right, title and interest of Bonower <br />is sad to as}' iastttaact ;~ltces :.nd in sad to the precetds chertef resulung Prom damage to the Prapem pnor to the sale <br />or acquisition shall pass to Leader [o the extent of the sums secured b} this ~langugt immedtattly pnor to such salt or <br />acquisition. <br />6. Preservation sad llainteoaace of Prepertp: Leaseholds: Condominiums: Plamred Unit DevtiopmenU. Borrower <br />shall keep the Propcm• in good repair and shall not commit caste ar permit tmparrment or detenoration of the Property <br />and shall comply with the provisions of nay lease if this !vortgage is on a leazeheld. If this Mongage is en a unit in a <br />condotninrtmi or a planed unit development. Borrower sball prrform all of Bonowers ebhgauons under the declaration <br />or covenaau creating or governing the condominium ar planned unit development. the by-laws avd.regulauons of the <br />rnndominium ar planned emit development, and cetutitutnr docwnenu. If a condominium ar planned umt development <br />rider is executed by Borrower and recorded together with this Mongage. the covenam and agreemeau of such nder <br />shall be incorporated into and shall amend sad supplement fix covcnanu and aereemenu of this Mongage as iP [ix rider <br />were a part hereof. <br />7. Preteciioo of Leaders Seearity. If Bonower fails to pertnrm the covrnanu and agrcettxnu contained in this <br />Aforigagt, er if nay acoon or proocediag u commeno:d which materially aSecu Lender's incertst is the Propem. <br />including. but not liadted to, eminent domain. insolvency, cod: enforcement or arrutgemevu e: prt~-eediags ivvo.ving a <br />bankrupt or de~sdmt, then Le¢dtr at Leaders option, upon notice to Bent -er. may mate ru.h appeatartes. disburse su.h <br />sums and take staoh action zs is txs~tssary to protect Lenders interest. including. but not limited to. disbursemcvt et <br />reasntxahk anamey's fees sad win' tenon the Propem~ to make rrpain- If Lender rcquirtd mortgage insurance ss c <br />enndidon of tnakiag the loan secured by this Afongage. Borrower shalt pay the premiums required to maintain such <br />-~ in efitxt tmn7 such time az the regtriremen[ for such insurance terminates m a :romance with Borrowers and <br />
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