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r <br />RE-RECORM089 -- .x.44483 �'L_.103496 <br />1. Pry a tof Prin li Borrower and Lender covenant and agree as follows: <br />I. Payment Principal and Interest', Prepayment aced Late <br />t Charges. Borrower. shall promptly pay when due <br />the Principal afand interest on the debt evidenced by the Note and illy prepayment and late charges due under the Note. <br />2, Fnn4i for Taxes and Iawrnaee. <br />Subject to applicable law or to a written waiver b + Lender. <br />to Lender on the day onth', ! Borrower shall pso <br />Y y payments are due under the Note, until the Note is paid in full. a sum ( "Funds' ") equal to <br />ant-twelfth of (a) yearly taxes and <br />assessments which may attain priority over this Security Instrument,. (b), yearly <br />leasehold payments or ground rents on the Property. if any; (c) yearly hazard insurance <br />mortgage insurance <br />premiumr�. and (d). Yearly <br />premiums. if any. These items are called "escrow items." Lender may estimate the Funds due on.the <br />basis of current data and reasonable estimates of future escrow items. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for holding and applying Funds, <br />the analyzing the account. or ver6ing the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to make such ;a charge. Borrower and <br />Lender may agree in writing that interest. <br />shall be paid on the Funds. Unless an agreement, is made or applicable taw <br />requires interest to be paid, Lender shall, not be required to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower, without charge, annual <br />an 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 the sums secured by <br />this Security Instrument. <br />If the amount of the Funds held by Lender. together with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items, shall exceed the amount required to <br />pay the escrow items when due, the excess shall be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on- monthly payments of Funds. If the. <br />amount of the Funds held by Lender is <br />not sufficient to pay the escrow items when due, rreswer shall pay to Lender any <br />amount necessary to makeup the deficiency in one or more payments <br />as required by Lender <br />Upon payment in full of all sums secured by this Ce,•urit tngtr. <br />any Funds held by Leader. If under paragraph 19 the Property is sold or rLendte1r <br />acquired by Lender shall apply. no ter <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time <br />application as a credit against the sums <br />secured by this Security Instrument. of <br />3. Application of Payments. Unless applicable law provides otherwise. <br />all <br />paragraphs 1 and 2 shall be applied: first, to late charges due under the Note, second, to payments received es Lender under <br />Note, third, to amounts payable under prepayment charges due under the <br />paragraph 2; fourth, to interest due; last, <br />and to principal due. <br />d• CbarM Liens. Borrower shall pay all taxes, assessments. charges. fines and impositions attributable to the <br />Property which may attain priority over this Security Instrument, leasehold <br />and payments or ground mots, if any. <br />Borrower shall pay these obligations in the manner provided in paragraph, 2. or if nut paid in that manner, Borrower shall <br />pay their on time directly to the person owed <br />payment. Borrower shall) promptly furnish to Lender all notices of amounts . <br />to be paid under this paragraph. If Borrower makes t a <br />receipts evidencing the payments Payments directly, Borrower shall promptly furnish to Lender <br />>--- -ewer• shs'1 prc s ptly W— wharge any hen 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 <br />r <br />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 forfeiture of any part of the Property; <br />agreement satisfac*y to Lender subordinating. the lien to this Security rument. If Le der determines that f �e lien an <br />the Property is subject to a lien which attain Y pan of <br />may priority over this Security Instrument, Lender may <br />notice identifying the lien. Borrower shall satisflr the lien or take one or more of the actions set forth abocerwi tlBtiorr 10 <br />of thegivirtg of note <br />. days . <br />S- H�r�E >iiesurartce. Borrower shall keep the improvements now existing or hereafter erected on-the Property <br />insured against loas.by fire, hazards included within the team "extended <br />coverage" and any other hazards rarR hich Lender <br />requires. insurance; T[lis insurance shall be maintained in the amounts and for tite periods that Lender• requires. The :. r <br />insurance carrier providing the insurance shall be by <br />chosen Borrower subject to lxnder's approval which shall not be <br />unreaserisbly withheld. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause . . <br />Lender shall have the right to hold the policies and renewals. If Lender requires,; <br />Borrower shall promptly <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prom not e to tthe insurance' nder <br />carrier and Lender. Lender may make proof of loss if not_maeie <br />promptly by Borrower. <br />Thiess Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair', <br />of the Property damaged, if the restoration <br />or repair is economically feasible and Lender's security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's security would be <br />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 <br />Borrower abandons the Property, or does <br />not answer within 30 days a notice from Lender that the insurance carrier has <br />offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or <br />the Property or to pay sums secured b <br />restore <br />this Security Instrument, whether or not then due. The 30-da <br />when the notice isgiven Y Y y period will begin <br />Unless Lenderand 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 <br />orchange the amount of the payments. If <br />under paragraph 19 the Property rs acquired by Lender, Borrower's right to any insurance policies and Proceeds resulting , <br />from damage to the Property prior to the acquisition shall pass to Lender to <br />the extent of the sums secured by this Security, <br />Instrument immediately prior to the acquisition. <br />6, Preservation and Maintenance <br />of praper(y; Le2sehotds. Borrower shall not destroy, damage or substantially <br />change the Property, allow the Property to 'deteriorate or commit waste. If this Security Instrument is on a leasehold, <br />Borrower shall comply with the <br />provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />r <br />7• Protection of Lender's Rights in the Property, Mortgage Insurance. If Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, <br />or there is a legal proceeding that may significantly off ct <br />Lender's rights in the Property (sUch as a proceeding in bankruptcy, probate, for'onndemnation or to enforce laws or <br />regulation$), then Lender may do anti pay for whatever is necessary to <br />in Property. <br />the protect the saate of the Property and Lenders rights <br />Lender's actions may include paying any sums secured by a lien which has priority over Hiss Security <br />Instrurttent, appearing in court, Security <br />paying reasonable attorneys' fees and entering on the Property to make repairs, <br />Lender may take action under this paragraph T. bender does not have to do <br />Although <br />so. <br />Airy amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security instrument. Unless Borromir and Lender agree to other terms of ra} ment. tFcrse amounts <br />the date of disbursement bear <br />ct` <br />shall interest from <br />at the :vote rate and shall he payable. with rnterewi. upon notice from Lender to Borrower <br />requesting payment. <br />rt5 <br />