Preview
Case Number:22-004629-CI
Filing # 158050700 E-Filed 09/23/2022 03:23:40 PM
***ELECTRONICALLY FILED 09/26/2022 09:55:42 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Lenderisa CQRPURATXDN
CALI FDRNIA
organized and existing under the laws of
Mess is
Lamicr’s
2727 E EMPERIAL HIGHWAY, BBEA 0A 92821
(E) ”Note" meang the promissory
now signed by Borrower and dated
Apri l 4 ,
2006
mmBomwer owes Lender Tuenty-Four
The Notestatcs Thousand, Eighty and Homo
-------------------------------------------------- Dom
(U,S_$ 24,
080 . 00 )plusimam. Borrower has promised
topay debt in regular Periodic
this
Paymenmandtopay me debtinfunnotlaieuhan Kay 1, 2021 .
(F) "Property"
'
means tho property that
isdescribed below under the heading “Transfer 0f Rights in the
Property.“
(G) "Loan" mans the debt evidencad
by me Note, plus interest, any prepayment charges and lam charges
sums due under
due under the Note, and
all this Security Instrument, plus interesL
(H) "Riders"mus all Instmmem
Riders 10 this Security executed by Burmwer. The following
that arc
Rjdsrs are to be executed by Borrower [check box as applicable]:
U E] Condominium Rider
Adjustable Rate Ride: E] Second Home Rider
Banooancr [391mm Unimevelopmcmkidm E] IAqudeer
E] VA Rm C] Biweekly Payment Rider E] cums) {specify}
(I)"ApplicableLaw“ means all applicable
controlling federal,
stateand localstatutes,
regulations,
ordinances and amnimstrafive rules and orders (that have the effect of law) as well as
applicable final,
all
non-wpealable judicial opinions.
(J)“Community Dim,
Association Fees,and Assessments" means
alldues, fees, assessments and other
chargesthatare imposedon Borrower or thePropertyby a condornirfium homeowners
associau'on,
associaum or
similar organization.
(K) "Eketronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft or similar paper instrument, which through an electronic terminal, telephonic instrument,
is initiated
computer, or magnetic tape so as to order,
or aumorize a finamtial institution Io debit or credit an
instruct,
account Such tenflNudes but isnot limitedto,poim-of—sale automated
transfers, tenetmachine
by telephone, wire
transaclions, transfers inifiazcd and automated clearinghouse flamers.
transfers,
fl.)
(M)
any
"MManm W"
"Escrow Items" moans those items
third party (other than
insurance
that are described in Section 3.
means any compmsafion,
proceeds paid
award of damages, or pmceeds paid by
settlement,
under the coverages described in Section 5)
for:(i)
damageu), Pmpeny;
or destruction of, the condcmmuion or olhex
(ii) Iaking of all or
any part of the Property;
conveyance
(iii) of condemnation; or
in iieu (iv)mimpresemalions or omissions as
of, the value audior
to,
condition of the Properly.
(N) "Mortgage Insurance" means insurame protecting Lender against the nonpayment
of, 0; default on, the
Loan
(0) "Periodic Payment" means the regularly scheduled amount due for and inmast under the
principal
(i)
Note, plus any amounts under Section 3 of this Security Instrument.
(ii)
Inmak:
£EZQ
@fiMFL) (mosm Pans 20: we Form 30101101
(P) "RESPA" means kamwt Procedures
the Real Estate Act (12 U.S.C. Section 260i
ctSm.) andiLs‘
X CFR.
implementing regulation, Regulation
(24 amended from
Part 3500), as they might be tixne to time,
or any addiuonal or successor legislation or regulation mat governs the
same As used
subject mailer. in this
lnstmmm, "RESPA"
Security refersm allrequirements and restrictions that are imposed in regard Lo a
mongagc
"federally related Loan docs not
loan" even 1f the w
qualify a "federally relawd mortgage loan”
underRESPA.
(Q)"Summr in Interest of Borrower" means any party that has taken Pmpcny, whether or not
t0 the
title
assumed Borrower’s ohfigafions under the Note and/or
Ina: party has InstrumenL
this Security
TRANSFER OF RIGHTS INTHE PROPERTY
Inszmmem
This Security secures to Lender.
(i)me mpaymem of the Loan. and
allrenewals, extensions and
and
modifications of the Note; the performance of Borrower’s covenants
(ii) andagreunwm under [his
Borrow
Secufiry Instrument and the Note. For mix purpose, docs hemby mortgage, gram and convey
to
MERS nominee for Lender and Lender’s succeswrs and assigns) and
(solely as and assigns
to tho successors
(1mm properly located
of MERS, the foliowing in theCounty [Type or Recommg Jurisdiction]
0f PINELLAS [Name
of Recording Jurisdiction}:
SEE ATTAGflEB LEGAL DESCRIPTION
g
ParcelIDNumber. 24301 6027100010010 which cunnndyhasme address of
9130 9TH ST N 711 [5mm
SAINT PETERSBURG {Citylflorida 33702 {Zip Code}
("Pmperty Address"):
TOGETHER WITH all the hnprovements now or hereafter erected on the property. and all easements,
appmenances, and fixmres now or hereafter a part of the property. A11 replacemcms and additions shall also
be covered by this Secun'ty Instrumm. AH of the foregoing is referred to in this Security Insanmcnt as the
MERS holds only legal title to the interests granted by
"Pmperty." Borrower understzmds and agrees mat
'm
Borrower mstmment, but, if necessary t0 comply with law 0r custom, MERS‘ (as nominee for
this Security
Lender and Lender’s successors and assigns) has the right to exercise any or all of those immests, including,
but not limited to, the right m foreclose and sell the Property; and m take any action required of Lender
and canceling
incindhig. but not limited to, £61633ng Swnity
Ibis 111me
mamas:
,fl!
Q-GMFL) (ooosm Page 3
or 1s
Form 3010 1/01
BORROWER COVENANTS thatBorroweris semi
lawfully of the estate hereby conveyed and has
ms rightw mortgage, grant and convoy the Property and that the Progeny
isunencumbered, except for
encumbrances of racord. Borrower wazmnts and
defend generally the
will to the
title Property against
all
m any encumbrances of record.
claims and dmnands, subject
THIS SECURITY INSTRUMENT combime uniform covenants
for use
national and non—unifarm
mvcnamx m
with limiwd mialions by jurisdiction
constilum a uniform security instalment covering real
P109611)!-
UNIFORM COVENANTS. Borrower and Lendex covenwl and agree as follows:
1. Payment of ??mcipal, Escrow
Interest, Items,Prepayment Charges,and Late Chargw.
Borrowm shallpay when duo the principal
of,and debt evidenced by
interest on, the Lhc Note and any
prepayment charges and lam charges due under the Now. Boxmwer pay funds for Escrow Items
shall also
pursuant £0 Section
3. Payments dua under the Nolc and
thisSeemixy Instrument
shallbe madein US.
currency. However,
ifany chuck or other instrument received by Lender as payment under the Note or
this
isrammed
Security Instrument to Lender unpaid, Lender may mquire
thatany 0r subsequent payments
all
me Note and
due undar Instumcm bc made
this Security inone or more of the following forms, as selected
by Lender: money
(a) cash; (b) bank check,
order; (c) certified check, check or cashier’s check,
treasurcr’s
providad anysuch check
isdrawn upon an whose
institution by a federal agency,
deposits are insured
insmlmamality, 0r entity; 0r (d) Electronic Funds Transfer.
Payments arc deemed received by Lender when received designam
at the locau‘on Note or
in the ax
may be
such other location as designated by Lender in accordance with the notice provisions in Section 15.
Lender ifme payment or partial paymmts arc insufficient to
may remm any payment or partial payment bring
me LoancurrenL Lender
may paymmt
accept any paymm insui‘ficicm Lo
or partial Loan
bring the current,
without waiver 0f any rights hereunder or prejudice to
rights to refuse such
its payment 0r partial payments
in
Lender
the futme, but isnot obh'gmed to apply such payments at the time such
paymems are accepted. If each
Payment
Periodic ixapplied as ofscheduled duo date, then Lender need not pay interest on unappfied
its
fund; Lende: may held such unappfied fundsBorrower makes payment
until to bringme LoancurrenLIf
Burrow (foesnotdo so within a reasonable period of time, Imdct apply such funds or return
shall either
thantoBoxmwer. If mist, such funds
not applied be applied
will to the outstanding principal
balance under
theNote immediamly prior No onset or claim which Borrower might have now or in the
to foreclosure.
Borrower £mm making payments due under me Note and this Security
future against Lander shall relieve
agrwmxts secured by
Instrument or pcrfonning the covenants and Instruman
this Security
2.Applicatfion of Payments or Proceeds. Except as otherwifl described in
this Section 2, all
payments
accepwd and applisd by Lender
shallbe applied
in the following ordar
of primity: due unde: the
(a) interest
(c)amoums due unde;
Note; (b) principal due under the Note; Section 3. Such payments shall be applied to
itbecame due. Any ranainmg amounts
each Periodic Payment in the order in which be applied
shall first to
late due under
charges. second to any other amounts and then
this Security Instrument, lo reduce the principal
Now.
balance of the
IfLender receives
a payment fromBorrower for a delinquent Periodic
Payment which a
inclucies
sufficient amount Lo pay any late charge due, the payment
may be applied delinqwn payment and
to the the
1am charge.
Ifmore than one Periodic Payment
isoutstanding, Lender
may apply any payment received from
Borrower repayment of the Periodic Payments
to the and
if. to the extent that, each
payment can be paid
in
@n-BMFL) {0006).01 Page 4
o: 16>
g
infilalat
g3)
Form 3010 1/01
To
full. me payment
the exlcm that any excess exists afwt isapplied to the full payment of one or
more
may be
Periodic Payments, such excess chargm due. Volummy prepayments
applied to any late b0
shall
applied first :0 any prepayment charges and then as described in the Note.
Any Misccflanmus Proceeds
application 0f payments, insurance proweds, 0r due under the
to principal
Now shall not extend or poslpcmc the due date. or change the amount, of the Periodic
Payments.
3.Funds for toLender 0n the day Periodic Payments are due under
Escrow Items. Borrower shall pay
me Note, until the Note
ispaid in a sum (the "Funds")
full, t0 provide for
payment of amounts due
for: (a)
taxesand assmsmmts and other items which can over
attain pn'ority Instrument as a lien or
this Security
encumbrance on payments 0r ground rents on the Property,
the Property; (b) leasehold ifany; (c) premiums
[orany and insmance required by Lender under Section
all 5;and(d)Mortgage Insurance premimns,
ifany,
or anysums payable by Borrower
toLender of the payment of Mortgage Insurance premiums in
in lieu
accordance with the provisions of Section 10. These items are called "Escrow hams." At origination or at any
timeduring thetam of theLoan, Lendermay require Community
that AswciationDues, Fees,and
Assessments,
ifany, be cscmwed by Borrower, and such dues, fees and assassmnts shafl be an Escrow Elem.
Borrowershall notices 0f amounts to be paid under this Section. Borrower
promptiy furnish to Lender
ail
pay Lender the Funds far Escrow Items unless Lender waives Borrower’s obligation
shall topay the Funds
forany or Escrow Items. Lender may waive Bormwer’s obligation
ail IopaytoLender Funds for any or
all
Escrow Items
atany Any
time. may only be
sud] waiver Bonower
event of such waiver,
in writing. In the
pay
shall when and where
directly, Escmw
payable, the amounts due for any Items for which payment of
ifLender requires, mail furnish
Funds has been waived by Lender and, toLender receipts evidencing such
requirc‘ Borrower’s obligation to
payment within such time pmiod as lander may make such payments and
purposes be deemed to be a covenant and agreement contained
to provide receipts shall for all in this Security
Instrument, as the phrase "covenant and agreement"
is used in Section Bomwcr is obiigmed to pay
9. If
Escmw Imms a waiver, and Borrower
dirccfly, pursuant lo fails tn
paythe amoum due for an Escrow Ram.
Lendermay exercise
its under Section 9 and pay such amount and Borrower shall then be obligawd
rights
under Section 9
torepay lo Lender any such amount. Lender
may revokethe waiver as to
any or Escrow
all
Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
Boxmwer shall
pay to Lender an Funds, and in such mounts,
that are then required Swim 3.
under this
Lender may,a1any time, collect and hold Funds
inan amount(a) sufficient to
permitLmder to apply
theFunds under
at the time specified RESPA, and (b) not Lo maximum amount a
exceed the lender can
RESPA. Lender
require under amannt of Funds
shall estimate the due 0n the basis of current data
and
rmnabke estimates of expendimm 0f future Escrow
Items or otherwise
inaccordance with Applicable Law.
The Fimds be held in an
shad} whose deposits
institution by a federal agency,
are insured insn'mnenlality,
Lender
0r entity (including Lenéer,
if an
is whose daposits are so
institution Home
insured) or in any Federal
Loan Bank. Lender
shallapply (he Funds
L0pay lhc Escrow Items no
late: than the
time specified unfler
RESPA. Lender charge
shall not Bonower and
for holding the Funds.
applying amually analyzing
the
escrow account, or verifymg the Escrow Items, unless Lender pays Borrower
on the Funds and
interest
Law
Applicable make such a charge. Unless an agreement
permits Lender to ismadein writing
or Applicable
Law rcquim be paid on the Funds, Lender
interest to be required t0 pay Borrower any inmreSi or
shall not
earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid
on the
Funds. Lender shall give u) Borrower, without charge, an annual accounthxg of the Funds as required by
RESPA.
mimfi
mfiMFL) :0005).01 Page
5 or 16 Form 3010 1/01
a
If there issmplus of Funds held
in mmw, under
as defined RESPA, Lender shallaccount to
Bormwcr for the excess funds in RESPA.
accordance with If there is hem
a shortage of Funds incscmw,as
defined under RESPA, Lender Bormwcr
shall notify as reqm'wd by
RESPA, and Borrowershallpay to
tomake up
Lender the amount necessary mrdance
the shortage in withRESPA, but in no more than 12
monthly payments. a deficiency of Funds held
If there is in escrow, as defined
underRBSPA, Lendershall
Borrow! as
notify RBSPA, and Bummer shall pay
required by LoLendar the amount necessary
lomake up
RESPA, but in no more than 12 momhly payments.
the deficisncy in accordance with
Upon payment an sums secured by
in full of Securin InstrumenL Lender
this promptly refund to
shall
Borrow any Funds held by Lender.
4. Chargw; Liens.Borrower shallpayalltaxes,assessments,
charges,fines,and impositions
Pmpany which
attributable to the can attain priority over
this Security Instrument, leasehold
paymcnts or
ground renfs on the Property,
if Dm, Fees, and Aswasments, if any. To the
Community Association
any, and
Bomwer shall pay them in the manner provided in Section 3.
Escrow Items,
extent that these items are
Borrowershallpromptly discharge any lien which has priority over Inmmem
xhis Security unless
Borrower: payment of
(a) agrees in writing to the the obligation secured
by the a manner acceptabic
licn in to
Lender, but only so long as Borrower
is me lien
peuforming such agreement; (b) contests
ingood or
failh by,
procwdings which
defends against enforcement of the lien
in, legal Lender’s opinion operate to prevent the
in
enforcement of the
lien am pending,
while those proceedings but only until such proceedings arc concluded;
Lam subordixmflng the
or (c) secures from the holder of the lien an agreement sausfacmry to lien to this
detemim
Security hxstrmnem. If Lender any part 0f the
that Pmpcny issubject t0 a lien which can attain
Instrumeng Lender
prioxily over this Security may giveBormwer a notice identifying the lien. Within
10
days of the date on which that notice
is Borrower
given, me
one or more of
shall satisfy the lien or take
above
actions set forth in this Section 4.
Lender may require Borrower to pay a onc-time charge for a vefification and/or rcporting
real estate tax
by Lends: in connection with
service used Loan.
this
5.Pmperty Insurance. Borrower
shall now existing
keep the improvements 0r hereafter erected on the
hazards included within the £61m ”extended coverage," and any oihcr
Property insured against 1085 by
fire,
hazards fimiwd
including. bu: not Lo,sarmquakes and floods,
for which Lender requires insmncc. This
(minding deductible
insurance shall be maintained in the amounts and for the periods
levels) Lender
that
What Lender
requires. requires pursuant £0 the preceding sentences can change during the term of the Loan.
Preview
Case Number:22-004629-CI Filing # 158050700 E-Filed 09/23/2022 03:23:40 PM ***ELECTRONICALLY FILED 09/26/2022 09:55:42 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** Lenderisa CQRPURATXDN CALI FDRNIA organized and existing under the laws of Mess is Lamicr’s 2727 E EMPERIAL HIGHWAY, BBEA 0A 92821 (E) ”Note" meang the promissory now signed by Borrower and dated Apri l 4 , 2006 mmBomwer owes Lender Tuenty-Four The Notestatcs Thousand, Eighty and Homo -------------------------------------------------- Dom (U,S_$ 24, 080 . 00 )plusimam. Borrower has promised topay debt in regular Periodic this Paymenmandtopay me debtinfunnotlaieuhan Kay 1, 2021 . (F) "Property" ' means tho property that isdescribed below under the heading “Transfer 0f Rights in the Property.“ (G) "Loan" mans the debt evidencad by me Note, plus interest, any prepayment charges and lam charges sums due under due under the Note, and all this Security Instrument, plus interesL (H) "Riders"mus all Instmmem Riders 10 this Security executed by Burmwer. The following that arc Rjdsrs are to be executed by Borrower [check box as applicable]: U E] Condominium Rider Adjustable Rate Ride: E] Second Home Rider Banooancr [391mm Unimevelopmcmkidm E] IAqudeer E] VA Rm C] Biweekly Payment Rider E] cums) {specify} (I)"ApplicableLaw“ means all applicable controlling federal, stateand localstatutes, regulations, ordinances and amnimstrafive rules and orders (that have the effect of law) as well as applicable final, all non-wpealable judicial opinions. (J)“Community Dim, Association Fees,and Assessments" means alldues, fees, assessments and other chargesthatare imposedon Borrower or thePropertyby a condornirfium homeowners associau'on, associaum or similar organization. (K) "Eketronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, which through an electronic terminal, telephonic instrument, is initiated computer, or magnetic tape so as to order, or aumorize a finamtial institution Io debit or credit an instruct, account Such tenflNudes but isnot limitedto,poim-of—sale automated transfers, tenetmachine by telephone, wire transaclions, transfers inifiazcd and automated clearinghouse flamers. transfers, fl.) (M) any "MManm W" "Escrow Items" moans those items third party (other than insurance that are described in Section 3. means any compmsafion, proceeds paid award of damages, or pmceeds paid by settlement, under the coverages described in Section 5) for:(i) damageu), Pmpeny; or destruction of, the condcmmuion or olhex (ii) Iaking of all or any part of the Property; conveyance (iii) of condemnation; or in iieu (iv)mimpresemalions or omissions as of, the value audior to, condition of the Properly. (N) "Mortgage Insurance" means insurame protecting Lender against the nonpayment of, 0; default on, the Loan (0) "Periodic Payment" means the regularly scheduled amount due for and inmast under the principal (i) Note, plus any amounts under Section 3 of this Security Instrument. (ii) Inmak: £EZQ @fiMFL) (mosm Pans 20: we Form 30101101 (P) "RESPA" means kamwt Procedures the Real Estate Act (12 U.S.C. Section 260i ctSm.) andiLs‘ X CFR. implementing regulation, Regulation (24 amended from Part 3500), as they might be tixne to time, or any addiuonal or successor legislation or regulation mat governs the same As used subject mailer. in this lnstmmm, "RESPA" Security refersm allrequirements and restrictions that are imposed in regard Lo a mongagc "federally related Loan docs not loan" even 1f the w qualify a "federally relawd mortgage loan” underRESPA. (Q)"Summr in Interest of Borrower" means any party that has taken Pmpcny, whether or not t0 the title assumed Borrower’s ohfigafions under the Note and/or Ina: party has InstrumenL this Security TRANSFER OF RIGHTS INTHE PROPERTY Inszmmem This Security secures to Lender. (i)me mpaymem of the Loan. and allrenewals, extensions and and modifications of the Note; the performance of Borrower’s covenants (ii) andagreunwm under [his Borrow Secufiry Instrument and the Note. For mix purpose, docs hemby mortgage, gram and convey to MERS nominee for Lender and Lender’s succeswrs and assigns) and (solely as and assigns to tho successors (1mm properly located of MERS, the foliowing in theCounty [Type or Recommg Jurisdiction] 0f PINELLAS [Name of Recording Jurisdiction}: SEE ATTAGflEB LEGAL DESCRIPTION g ParcelIDNumber. 24301 6027100010010 which cunnndyhasme address of 9130 9TH ST N 711 [5mm SAINT PETERSBURG {Citylflorida 33702 {Zip Code} ("Pmperty Address"): TOGETHER WITH all the hnprovements now or hereafter erected on the property. and all easements, appmenances, and fixmres now or hereafter a part of the property. A11 replacemcms and additions shall also be covered by this Secun'ty Instrumm. AH of the foregoing is referred to in this Security Insanmcnt as the MERS holds only legal title to the interests granted by "Pmperty." Borrower understzmds and agrees mat 'm Borrower mstmment, but, if necessary t0 comply with law 0r custom, MERS‘ (as nominee for this Security Lender and Lender’s successors and assigns) has the right to exercise any or all of those immests, including, but not limited to, the right m foreclose and sell the Property; and m take any action required of Lender and canceling incindhig. but not limited to, £61633ng Swnity Ibis 111me mamas: ,fl! Q-GMFL) (ooosm Page 3 or 1s Form 3010 1/01 BORROWER COVENANTS thatBorroweris semi lawfully of the estate hereby conveyed and has ms rightw mortgage, grant and convoy the Property and that the Progeny isunencumbered, except for encumbrances of racord. Borrower wazmnts and defend generally the will to the title Property against all m any encumbrances of record. claims and dmnands, subject THIS SECURITY INSTRUMENT combime uniform covenants for use national and non—unifarm mvcnamx m with limiwd mialions by jurisdiction constilum a uniform security instalment covering real P109611)!- UNIFORM COVENANTS. Borrower and Lendex covenwl and agree as follows: 1. Payment of ??mcipal, Escrow Interest, Items,Prepayment Charges,and Late Chargw. Borrowm shallpay when duo the principal of,and debt evidenced by interest on, the Lhc Note and any prepayment charges and lam charges due under the Now. Boxmwer pay funds for Escrow Items shall also pursuant £0 Section 3. Payments dua under the Nolc and thisSeemixy Instrument shallbe madein US. currency. However, ifany chuck or other instrument received by Lender as payment under the Note or this isrammed Security Instrument to Lender unpaid, Lender may mquire thatany 0r subsequent payments all me Note and due undar Instumcm bc made this Security inone or more of the following forms, as selected by Lender: money (a) cash; (b) bank check, order; (c) certified check, check or cashier’s check, treasurcr’s providad anysuch check isdrawn upon an whose institution by a federal agency, deposits are insured insmlmamality, 0r entity; 0r (d) Electronic Funds Transfer. Payments arc deemed received by Lender when received designam at the locau‘on Note or in the ax may be such other location as designated by Lender in accordance with the notice provisions in Section 15. Lender ifme payment or partial paymmts arc insufficient to may remm any payment or partial payment bring me LoancurrenL Lender may paymmt accept any paymm insui‘ficicm Lo or partial Loan bring the current, without waiver 0f any rights hereunder or prejudice to rights to refuse such its payment 0r partial payments in Lender the futme, but isnot obh'gmed to apply such payments at the time such paymems are accepted. If each Payment Periodic ixapplied as ofscheduled duo date, then Lender need not pay interest on unappfied its fund; Lende: may held such unappfied fundsBorrower makes payment until to bringme LoancurrenLIf Burrow (foesnotdo so within a reasonable period of time, Imdct apply such funds or return shall either thantoBoxmwer. If mist, such funds not applied be applied will to the outstanding principal balance under theNote immediamly prior No onset or claim which Borrower might have now or in the to foreclosure. Borrower £mm making payments due under me Note and this Security future against Lander shall relieve agrwmxts secured by Instrument or pcrfonning the covenants and Instruman this Security 2.Applicatfion of Payments or Proceeds. Except as otherwifl described in this Section 2, all payments accepwd and applisd by Lender shallbe applied in the following ordar of primity: due unde: the (a) interest (c)amoums due unde; Note; (b) principal due under the Note; Section 3. Such payments shall be applied to itbecame due. Any ranainmg amounts each Periodic Payment in the order in which be applied shall first to late due under charges. second to any other amounts and then this Security Instrument, lo reduce the principal Now. balance of the IfLender receives a payment fromBorrower for a delinquent Periodic Payment which a inclucies sufficient amount Lo pay any late charge due, the payment may be applied delinqwn payment and to the the 1am charge. Ifmore than one Periodic Payment isoutstanding, Lender may apply any payment received from Borrower repayment of the Periodic Payments to the and if. to the extent that, each payment can be paid in @n-BMFL) {0006).01 Page 4 o: 16> g infilalat g3) Form 3010 1/01 To full. me payment the exlcm that any excess exists afwt isapplied to the full payment of one or more may be Periodic Payments, such excess chargm due. Volummy prepayments applied to any late b0 shall applied first :0 any prepayment charges and then as described in the Note. Any Misccflanmus Proceeds application 0f payments, insurance proweds, 0r due under the to principal Now shall not extend or poslpcmc the due date. or change the amount, of the Periodic Payments. 3.Funds for toLender 0n the day Periodic Payments are due under Escrow Items. Borrower shall pay me Note, until the Note ispaid in a sum (the "Funds") full, t0 provide for payment of amounts due for: (a) taxesand assmsmmts and other items which can over attain pn'ority Instrument as a lien or this Security encumbrance on payments 0r ground rents on the Property, the Property; (b) leasehold ifany; (c) premiums [orany and insmance required by Lender under Section all 5;and(d)Mortgage Insurance premimns, ifany, or anysums payable by Borrower toLender of the payment of Mortgage Insurance premiums in in lieu accordance with the provisions of Section 10. These items are called "Escrow hams." At origination or at any timeduring thetam of theLoan, Lendermay require Community that AswciationDues, Fees,and Assessments, ifany, be cscmwed by Borrower, and such dues, fees and assassmnts shafl be an Escrow Elem. Borrowershall notices 0f amounts to be paid under this Section. Borrower promptiy furnish to Lender ail pay Lender the Funds far Escrow Items unless Lender waives Borrower’s obligation shall topay the Funds forany or Escrow Items. Lender may waive Bormwer’s obligation ail IopaytoLender Funds for any or all Escrow Items atany Any time. may only be sud] waiver Bonower event of such waiver, in writing. In the pay shall when and where directly, Escmw payable, the amounts due for any Items for which payment of ifLender requires, mail furnish Funds has been waived by Lender and, toLender receipts evidencing such requirc‘ Borrower’s obligation to payment within such time pmiod as lander may make such payments and purposes be deemed to be a covenant and agreement contained to provide receipts shall for all in this Security Instrument, as the phrase "covenant and agreement" is used in Section Bomwcr is obiigmed to pay 9. If Escmw Imms a waiver, and Borrower dirccfly, pursuant lo fails tn paythe amoum due for an Escrow Ram. Lendermay exercise its under Section 9 and pay such amount and Borrower shall then be obligawd rights under Section 9 torepay lo Lender any such amount. Lender may revokethe waiver as to any or Escrow all Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Boxmwer shall pay to Lender an Funds, and in such mounts, that are then required Swim 3. under this Lender may,a1any time, collect and hold Funds inan amount(a) sufficient to permitLmder to apply theFunds under at the time specified RESPA, and (b) not Lo maximum amount a exceed the lender can RESPA. Lender require under amannt of Funds shall estimate the due 0n the basis of current data and rmnabke estimates of expendimm 0f future Escrow Items or otherwise inaccordance with Applicable Law. The Fimds be held in an shad} whose deposits institution by a federal agency, are insured insn'mnenlality, Lender 0r entity (including Lenéer, if an is whose daposits are so institution Home insured) or in any Federal Loan Bank. Lender shallapply (he Funds L0pay lhc Escrow Items no late: than the time specified unfler RESPA. Lender charge shall not Bonower and for holding the Funds. applying amually analyzing the escrow account, or verifymg the Escrow Items, unless Lender pays Borrower on the Funds and interest Law Applicable make such a charge. Unless an agreement permits Lender to ismadein writing or Applicable Law rcquim be paid on the Funds, Lender interest to be required t0 pay Borrower any inmreSi or shall not earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give u) Borrower, without charge, an annual accounthxg of the Funds as required by RESPA. mimfi mfiMFL) :0005).01 Page 5 or 16 Form 3010 1/01 a If there issmplus of Funds held in mmw, under as defined RESPA, Lender shallaccount to Bormwcr for the excess funds in RESPA. accordance with If there is hem a shortage of Funds incscmw,as defined under RESPA, Lender Bormwcr shall notify as reqm'wd by RESPA, and Borrowershallpay to tomake up Lender the amount necessary mrdance the shortage in withRESPA, but in no more than 12 monthly payments. a deficiency of Funds held If there is in escrow, as defined underRBSPA, Lendershall Borrow! as notify RBSPA, and Bummer shall pay required by LoLendar the amount necessary lomake up RESPA, but in no more than 12 momhly payments. the deficisncy in accordance with Upon payment an sums secured by in full of Securin InstrumenL Lender this promptly refund to shall Borrow any Funds held by Lender. 4. Chargw; Liens.Borrower shallpayalltaxes,assessments, charges,fines,and impositions Pmpany which attributable to the can attain priority over this Security Instrument, leasehold paymcnts or ground renfs on the Property, if Dm, Fees, and Aswasments, if any. To the Community Association any, and Bomwer shall pay them in the manner provided in Section 3. Escrow Items, extent that these items are Borrowershallpromptly discharge any lien which has priority over Inmmem xhis Security unless Borrower: payment of (a) agrees in writing to the the obligation secured by the a manner acceptabic licn in to Lender, but only so long as Borrower is me lien peuforming such agreement; (b) contests ingood or failh by, procwdings which defends against enforcement of the lien in, legal Lender’s opinion operate to prevent the in enforcement of the lien am pending, while those proceedings but only until such proceedings arc concluded; Lam subordixmflng the or (c) secures from the holder of the lien an agreement sausfacmry to lien to this detemim Security hxstrmnem. If Lender any part 0f the that Pmpcny issubject t0 a lien which can attain Instrumeng Lender prioxily over this Security may giveBormwer a notice identifying the lien. Within 10 days of the date on which that notice is Borrower given, me one or more of shall satisfy the lien or take above actions set forth in this Section 4. Lender may require Borrower to pay a onc-time charge for a vefification and/or rcporting real estate tax by Lends: in connection with service used Loan. this 5.Pmperty Insurance. Borrower shall now existing keep the improvements 0r hereafter erected on the hazards included within the £61m ”extended coverage," and any oihcr Property insured against 1085 by fire, hazards fimiwd including. bu: not Lo,sarmquakes and floods, for which Lender requires insmncc. This (minding deductible insurance shall be maintained in the amounts and for the periods levels) Lender that What Lender requires. requires pursuant £0 the preceding sentences can change during the term of the Loan.