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201007097 <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and <br />has the right to grant and convey the Property and that the Property is unencumbered, except for <br />encumbrances of retard, Borrower warrants and will defend generally the title to the Property against all <br />claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMEN'T' combines uniform Covenants for national use and non-uniform <br />covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real <br />property <br />Borrower and Lender covenant and agree as follows: <br />UNIFORM COVENANTS. <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of.. <br />and interest an, the debt evidenced by the Note and late charges due under the Nate. <br />2. \Tonthly Payment of Taxes. Insurance, and Other Charges, Borrower shall include in each <br />monthly payment, together with the principal and interest asset forth in the Note and any late charges, a sum <br />for (a) taxes and special assessments levied or to be levied against the Property. (b) leasehold payments or <br />ground rents on the Property, and (c) premiums for insurance required under Faragraph 4. In any year in <br />which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban <br />Development ("Sxretar~'). or in any year in which such premium would have been required rf Leader still <br />held the Security Instrument. each monthly payment shall also include either: (i) a sum for the annual <br />mortgage insurance premium to be paid by Lender to the Secretary, ar (ii) a monthly charge instead of a <br />mortgage insurance premium if this 5ecurtty Instrument is held by the Secretary, in a reasonable amount to <br />be determined by the Secretary, Except for the monthly charge by the Secretary, these items are Called <br />"Escrow Items" and the sums paid to Lander arc called "Escrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to <br />exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate <br />Settlement Procedures Act of 1974, 12 U.S.C. ~ 2bOl ,r,,L, cam,, and implementing regulations. 24 CFR Part <br />3500. as they maybe amended from time to time ("131:SPA"), except that the cushion or reserve permitted by <br />RESPA for unanticipated disburscrnents or disbursements before the Borrower's payments arc available in <br />the account may not be basod on amounts due for the mortgage insurance premium. <br />if the amounts held by Lender for Escrow Items exceed the amounts pervutted to be held by <br />RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of <br />funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the <br />Borrower and require Borrower to make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional atCurity for all sums secured by this Security <br />Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be <br />credited with the balance remaining far all installment items (a), (b), and (c) and anyy mortgage insurance <br />premium installment that Lender has not become obligated to pay tq the Secretary, and Lender shall promptly <br />refund any excess funds to Borrower. immediately prior to a foreclosure sale of the Proircrty or its <br />acquisition by Lender, Borrower's account shall be credited with any balance remaining for alt rnstalhnents <br />for items (a), (b), and (c). <br />3. Application of Payments. All payments under Paragraphs 1 and 2 shall be applied by Lender as <br />follows: <br />First. W the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly <br />charge by the Secretary instead of the monthly taortgago insurance premium: . <br />Second, to any taxes, special assessments, leasehold paymarts or ground rentx, and fire, t]aad and <br />other hazard insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization pf the principal of the Note; and <br />Flith, to late charges due under the Note, <br />4. FIre, Flnad and Other Aazard Insurance. Borrower shall insure all improvements an the <br />Property, whether now in existence or subsequently erected; against any hazards, casualties, and <br />eontrngcncies, including Gre, for which Lender requires insurance. This insurance shall be maintained in the <br />amounts and for the periods that Leader requires. Iiarrowcr shall also insure all improvements on the <br />tPhropS~, whether now in existence ar subsequently erected, against loss by floods to the extent required by <br />Cary. All insurance shall be carried with companies approved by Lender. The insurance polities and <br />aay renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form <br />acceptable to, Lender. <br />In the event of las,~, Harrower shall ~ive Lender immediate notice by mail, Lender may make proof <br />of loss if not made promptly by Borrower: ach insurance company concerned is herby authorized and <br />directed to make ~aymeat for ouch loss directly to Lender. instead of to Borrower and to Lender jointly. All <br />or any part of the insurance proceeds may be appplied by Lender, at its option. either (a) to the reduction of the <br />indebtedness under the Note and this Security [nstrument, first to an delinquent amounts applied in the order <br />in Paragraph 3, and then to prepayment of principal. or (b) to the restoration or repair of the damaged <br />Property. Any application of the proceeds to the principal shall not extend ar postpone the duo date of the <br />monthly payments which arc referred a in Paragraph 2. or change the amount of such payments. Any excess <br />insurance proceeds over an amount required to pay ell outstanding indebtedness under the Notc and this <br />Security Instrument shall be paid to the entity Icgally entitled thereto. <br />In the event of foreclosure of this Security Instrument or ocher transfer of title to We Property that <br />extinguishes the indebtedness, all right, title and ruttiest of Borrower in and to insurance polities in force <br />shall pass tv the purchaser. <br />5. Occupancy, Preservation, 1•Iaintenaace sad Prutectlan of the Property; Borrower's Loan <br />Ap~lieacion; ILeasehalds. Borrower shall occupy, establish, and use the Property as~Borrowet's principal <br />residenct within sixty days after the execution of this Security Instrument (ar within sixty days of a later sale <br />ar transfer of the Property) and shall cmrtinue to occupy the Property as Borrower's principal residence for at <br />least one year after the date of occupancy, unless Lender determiacs .that requirement will cause undue <br />hardship for Borrower, ar unless extenuating circumstances exist which are beyond Borrower's control. <br />Borrower shall notify Lender of any extenuating circumstances. Borrower shall not eammit waste or destroy, <br />damages or substantial)y change the Propert~r or allow the Property to deteriorate, reasonable wear and scar <br />exccecppted. Lender may inspect the Property rf the Property is vacant or abandoned or the loan Is in default. <br />Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower <br />shall also be in defaultrf Borrower, during the loan application process, have materially false or inaccurate <br />information or statements to Lender (vr Failed to provide Lender with any material information) in <br />connection with the loan evidenced by the Note, including, but not limited to, representations concentin <br />Borrower's occupancy of the Property as a principal residence. If this Security lnstrumcat ix on a lcasehal~ <br />FttA Nebrodu (fed orT~w[ MEaS <br />Ib236.CV(Itlg7) 420(1631 PaRc2orS <br />OOTg004d0aS 1) <br />