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r <br />L <br />UNIFORM COVENANTS IMrrower and lender covenant and agree as follows. 89 -1 U 04 9 5 <br />1. Payment of Pr[ncipd and Interest; Prepayment and Late Charges, Borrower shall promptly pay when due <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 applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments are due tinder the Note, until the Note is paid in full, a sum ( "Funds ") equal to <br />one-twelfth of: (a) yearly taxes and 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 premiums; and (d) yearly <br />moRgage insurance 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 fixture 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 the Funds, analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. B mower and <br />Lander may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to be paid, Lender shall not be required to pay &grower any interest or earnings on the Funds. Lender <br />shall give to Borrower, without ebaurge, an annual amounting of the Funds showing credits and debits to the nawkb andi &ir e <br />purpose for which each debit to the Funds was trade. The F.rrar& are pledged as addim tal security for the sunrsW.1er4 ihx <br />this Security Instntnxmt. <br />If the amotm, of the Funds held by Lender, together with the Cmture monthly payments of Funds payable prior. to <br />the due dates of the escrow items, shall exceed the amount required to plea:;, .the escrow items when due, the excess shall be; <br />at Borrower's option, either promptly repaid to Borrower or credited t o Borrower an, monthly payments of Funds. If the- <br />amount of the Finds held by Lender is not sufficient to pay the escrow it ems rr:wheni date. Borrower shall pay to Lender any: : <br />amount necessary to make up the deficiency in one or more payments a s (Ceired by Lender. <br />Upon payment in bell of all stuns secured-by this Security Insamnent, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph t9 the Property is sold or acquired by Lender, Ue° er shall army, no later <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of <br />application as a credit against the sums secured by this Security Instrument. <br />3. Applicatloes of Psymeata. Unless applicable law provides otherwise. all payments received by Lender under <br />paragraphs 1 and 2 shall be applied: rust; to late charges due under the Note; second, to prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. <br />4. Charges; Liens. Bormwer shall pay all taxes. assessments, charges, fines and impositions attributable to the <br />Property which may attain priorityover this Security Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations the manner provided in paragraph 2, or if not paid in that manner. Borrower shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. ; <br />Borrower shall promptly discharge any Gen which has priority over this Security Instrument unless Borrower: (a) 1 - <br />agma m 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 Gen or forfeiture of any part of the Property; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. IS Lender determines that any part of <br />the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the Gen. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />ofthe giving ofnotim = _ <br />S. Han" bumaaee. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against los'sbg fire, hazards included w•#in the testm' "extended caverage" and any other•hatards for which Lender <br />requites bisusane_ 1113 insurance. shall be maintained ip-ghe amounts and for the periods thit Lender tagnires. The <br />insurance =ff' er providing the ki'mrance shall be chosen by Borrower subject to Lender's approval which 'shall not be <br />nnraaonably.iPitltlxna. " <br />All insairancr.policies and renewals shall be acceptable to Lend= and shall include a swdard mortgage clause. <br />Lender shall have tlee right tee, hold the policies and renewals. If Lender requires, Borrower shat} promptly give to Lender '► <br />all rxq of paid Premiums and renewal notices. In the event of loss, Borrower shaN, give prompt notice to the insurance <br />carrier Lender • Lender may make proof of loss if not made promptly by Borrows¢. . 4 <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is economically feasible and Lender's secur4 is not lessened. If the <br />restoration or repair. is not economically feasible or Lender's security woedd be lessened, the insumane proceeds shall be <br />applied to the sutras secured by this Security Instrument., whether or alit then due, with any exc'ms paid to Borrower. If <br />Bommvex abandons the Property, or does not answer witiiia• 30 days a,A0­t:ice frotre .11mAer that, tltr insurance carrier has <br />offered to settle a claim, then Lender may collect the insurkscce proceeds.1Amder nt ay use the proeeefc to repssr or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then dri'e:.TEce.30-day period will begin <br />vvben the notice is Siv en. <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 <br />under paragraph 19•the Property-is acquired by Leander, Borrower's right to any insurance policies and pro&-eds resulting <br />frrom damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument iminedix'tidy prior to the acquisition. <br />6. Premst%n aced Maintenance of Property; Ltaseholds. 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 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 />7. Protection of header's Rights in the Property; Mortgage Insurance, If Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders, rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security at <br />Instrument, appearing in court. paying reasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under this paragraph 7. Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from r- <br />the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower <br />requesting payment. <br />�l <br />