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201001053 <br />Lender to protect Lender's security interest in the property, as provided under paragraph titled Protection of <br />Lender's Rights in the Property of this Security Instrument. All of the foregoing shall be referred to as the Secured <br />Indebtedness. Borrower shall promptly pay when due the principal and interest on the Secured Indebtedness, and <br />any late charges and other loan charges that may become due under the terms of the Secured Indebtedness. <br />Applicable Law. As used in this Security Instrument, the term "Applicable Law" shall mean all controlling <br />applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have <br />the effect of law) as well as all applicable final, non-appealable judicial opinions. <br />Funds far Taxes and Insurance. At Lender's request and subject to Applicable Law, Borrower shall pay to <br />Lender on the day periodic payments are due under the Secured Indebtedness, until the Secured Indebtedness is <br />paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security <br />Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) <br />yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage <br />insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of <br />the paragraph titled Mortgage Insurance, in lieu of the payment of mortgage insurance premiums. These items <br />are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the <br />maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under <br />the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 <br />et seq. ("RESPA"), unless another Applicable Law that applies to the Funds sets a lesser amount. If so, Lender <br />may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the <br />amount of Funds due on the basis of content data and reasonable estimates of expenditures of future Escrow Items <br />or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the <br />Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds <br />and Applicable Law permits Lender to make such a charge. However, Lender may require Borrower to pay a one- <br />time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless <br />Applicable Law provides otherwise. Unless an agreement is made or Applicable Law requires interest to be paid, <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may <br />agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, <br />an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to <br />the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. <br />If the Funds held by Lender exceed the amounts permitted to be held by Applicable Law, Lender shall account to <br />Borrower for the excess Funds in accordance with the requirements of Applicable Law. If the amount of the Funds <br />held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in <br />writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower <br />shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. <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 the section titled Acceleration; Remedies, Lender shall acquire or sell the <br />Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time <br />of acquisition or sale as a credit against the sums secured by the Security Instrument. <br />Application of Payments. Unless Applicable Law provides otherwise, all payments received by Lender shall be <br />applied: first, to any prepayment charges due under the Secured Indebtedness; second, to amounts payable under <br />the section titled Funds for Taxes and Insurance; third, to interest due; fourth, to principal due; and last, to any <br />late charges due under the Secured Indebtedness. <br />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 any. <br />Borrower shall pay these obligations in the manner provided in section titled Funds for Taxes and Insurance, or <br />if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. At the request of <br />Lender, $orrower shall promptly furnish to Lender 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) <br />contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the <br />Lender's opinion operate to prevent the enforcement of the lien; 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 <br />part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth <br />above within 10 days of the giving of notice. <br />Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the <br />Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, <br />including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the <br />amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by <br />Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain <br />® 200A-2D09 Compliance Systems, Ina I AD2-F370 - 2009.07.355 <br />rnneumer Kral Fsrnre -Security Instrument bL2036 <br />