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8426658 <br /> LOVE <br /> UNIFORM COVENANT'S. Borrower and Lender covenant and agree as follows: (�8��`q�ri� <br /> 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promp y p 3 wh ue <br /> the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br /> 2. Funds for Taxes and Insurance. Subject to appiicable law or to a written waiver by Lender, Borrower shall <br /> pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum("Funds") for: <br /> (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly <br /> leasehold payments or ground rents on the Property, if any; (c)yearly hazard or property insurance premiums; (d)yearly <br /> flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (fl any sums payable by Borruwer <br /> to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These <br /> items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the m�imum <br /> amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real <br /> Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq.("RESPA"), unless <br /> another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, coliect and hold Funds in an <br /> amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and <br /> reasonable estimates of expenditures of future Escrow Items 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 Funds to <br /> pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow <br /> account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lend- <br /> er to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate <br /> tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agree- <br /> ment is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earn- <br /> ings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender <br /> shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the <br /> purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by <br /> this Security Instrument. <br /> If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Bor- <br /> rower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by <br /> Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in <br /> such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the de- <br /> ficiency 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 paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition <br /> or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums <br /> secured by this Security Instrument. <br /> 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br /> paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable un- <br /> der paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. <br /> 4. 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. Borrower <br /> shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them <br /> on time directly to the person owed payment. Bonower shall promptly furnish to Lender all notices of amounts to be paid <br /> under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evi- <br /> dencing 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) contests in good <br /> faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br /> prevent the enforcement of the lien; or(c) secures from the holder of the lien an agreement satisfactory to Lender subor- <br /> dinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which <br /> may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall <br /> satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. <br /> 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on <br /> the 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 amounts and <br /> for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to <br /> Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lend- <br /> er may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. <br /> All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lend- <br /> er shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all re- <br /> ceipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance car- <br /> rier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br /> Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br /> of the Property damaged, if th� restoratiun or repair is econom:caliy :easible ar.d I_er.der's security is not lessened. If the <br /> restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br /> applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Bor- <br /> rower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered <br /> to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Pro- <br /> perty or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the <br /> notice is given. <br /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br /> or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. <br /> If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br /> 242019(l/each rev01)(12/95)[20192] Form 3028 9/90 (page 2 of 6 pages) <br /> KR <br />