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20�206�9� <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby <br />conveyed and has the right to grant and convey the Property and that the Property is <br />unencumbered, except for encumbrances of record. Borrower warrants and will defend <br />generally the tide to the Property against all claims and demands, subject to any encumbrances <br />of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and <br />non-uniform covenants with limited variations by jurisdiction to constitute a uniform security <br />instrument coverIng real property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Intere,st, Escrow Items, Prepayment Charges, and Late <br />Chazges. Bonower shall pay when due the principal of, and interest on, the debt evidenced by <br />the Note and any prepayment charges and late charges due under We Note. Borrower shall aLso <br />pay funds for Escrow Items pursuant to Section 3. Payments due under We Note and this <br />Security Instrument shall be made in U.S. currency. However, if any check or oWer instrument <br />received by Lender as payment under the Note or this Security Instrutnent is returned to Lender <br />unpaid, Lender may require that any or all subsequent payments due under the Note and this <br />Security Instrument be made in one or more of the following forms, as selected by Lender: (a) <br />cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, <br />provided any such check is drawn upon an institution whose deposits are insured by a federal <br />agency, instrumentality, or entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in <br />the 1Vote or at such other location as may be designated by Lender in accordance with the notice <br />provisions in Section 15. Lender may retuin any payment or partial payments if the payment or <br />partial payments are insufficient to bring the Loan current. Lender may accept any payment or <br />partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or <br />prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not <br />obligated to apply such payments at the time such payments are accepted. If each Periodic <br />Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied <br />funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan <br />current. If Borrower does not do so within a reasonable period of time, Lender shall either <br />apply such funds or return them to Borrower. If not applied earlier, such funds will be applied <br />to the outstanding principal balance under the Note immediately prior to foreclosure. No offset <br />or claim which Borrower might have now or in the future against Lender shall relieve Borrower <br />from making payraents due under the Note and this Security Instrument or performing We <br />covenants and agreements secured by this Security Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this <br />Section 2, all payments accepted and applied by Lender shall be applied in the following order <br />of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due <br />under Section 3. Such payments shall be applied to each Perlodic Payment in the order in which <br />it became due. Any remaining amounts shall be applied first to late charges, second to any other <br />NEBRA$ICA — Single Famlly -- Femia Mae/Fraddia Mae UNIFORM INSIRUMENf Form 3028 ll01 II, <br />GCC - G3028-04 (09/Ol) (Page 4 oft9) Initials: <br />