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200002577 <br />Loan Number: 121013559 Servicing Number: 277511-2 Date: 03/31/00 <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to <br />Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") for: (a) yearly taxes <br />and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments <br />or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, <br />if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the <br />provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender <br />may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage <br />loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from <br />time to time, 12 U.S.C. Section 2601 et seq. ( "RESPA "), unless another law that applies to the Funds sets a lesser amount. If so, <br />Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount <br />of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in <br />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 pay the <br />Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or <br />verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such <br />a charge. However, Lender may require Borrower to pay a one -time charge for an independent real estate tax reporting service used <br />by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law <br />requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and <br />Lender may 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 the Funds was <br />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 Borrower <br />for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time <br />is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall <br />pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve <br />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 any <br />Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale <br />of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by <br />this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs <br />1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, <br />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 Property <br />which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these <br />obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the <br />person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If <br />Borrower makes these payments directly, Borrower 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) agrees <br />in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien <br />by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the <br />enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this <br />Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this <br />Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more <br />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 the Property <br />insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or <br />flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender <br />requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not <br />be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage <br />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. Lender shall <br />have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid <br />premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender <br />may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall <br />be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and <br />then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion, and regardless <br />of any impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due, and <br />to such components thereof as Lender may determine in its sole and absolute discretion; and /or (ii) to Borrower to pay the costs <br />and expenses of necessary repairs or restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the <br />Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender <br />may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security <br />or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether <br />or not then due. The 30 -day period will begin when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under <br />paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage <br />to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately <br />prior to the acquisition. <br />NED10012 (05- 28 -98) <br />Page 2 of 6 <br />