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=ice <br />1 <br />89- 101458 <br />UNIFORM COVEN ►?M. Borrower and Lender covenant and agree as follows: <br />f. _Payment of Principal 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 under 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 />i leasehold payments or ground rents on the Property. if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage 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 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 the Funds, analyzing the account or verifying the escrow items, unless, <br />Leader 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 shall be paid on the Funds. Unless an agreement is made or applicable low <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, 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 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 prionto <br />the due datts of the escrow items, shall exceed the amount required to pay the escrow items whm due, the excess shat@ be,. <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly peg =eats of Funds. If the <br />amount ai5 the Funds held by Lender is not sufficient to pmy rite escrow items when due, Borrower shall pay w L=der;any <br />amouttr, mec ssary to make up the deficiency in one or morc,T Ayments as required by Lender. <br />_ paym=t in full of all sums secured by this Security Instrument, Lender shall promptly refund .o Boroxer <br />any Fun`s Vender. If under paragraph 19 the Property is sold or acquired by Lender. Lender shall apply, na latex <br />than ima.ta:e: prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of <br />applicatE� as a credit against the sums secured by this Sec ity Instrument. <br />S ;:application of Payments. Unless applicablr.4w provides otherwise, aD payments received by Lender,under <br />paragta#3 .bs 1 and 2 shall be applied: first, 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 du P <br />4- Chargm 1t13ens. Borrower shaB pay all taxes, assessments, charges, fines and imp —nons attsihx= able to the <br />Propel �c�1 attain priority over this Security Instrument, and leasehold payments or grow- cera�s,.if any. <br />Borrower X91 pay t1hase obligations in the manner prow. d6d in paragraph 2, or if not paid in that manner. Borrower shall <br />pay them on'. me dim z ly to the person owed payment. Sm=_wer strait promptly furnish to Lender all noti: m of amounts <br />to be paid under this paragraph. If Borrower makes these pa zmerts diectly. Borrower shall promptly furnish;,to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly, d scharge any lien which bms priority over this S evirity Instrument unless Borrower: (a) <br />agrees bi writing to the payment c-C ne obligation secured, it -y- the lien in a manner acceptable to Lender; (b) contests in good <br />faith the lien by, or defends agai;-_s enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeta= 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. If Lender determines that any part of <br />tit: ft,, erty is subject to a lies which may attain prior' over this Security Instrument, Lender may O6 a Borrower a <br />notice Zintifying the lien. Bor.mwter shall satisfy the lien ce rake one or more of the actions set forth above within 10 days <br />of the g.4z.,g of notice. <br />F. Hiizard l'a vranm Borrower shall keep the improvements now existing or hereafter erected on tL: la: open <br />insured ryainst losslry 6ne, ha: girds included within the tern "extended coverage" and any other hazards for I.tn6w <br />requim- insurance. This insrji== shall be maintained in the amounts and for the periods that Lender ru es: The <br />inert n:e carrier providing rim insurance shall be chosen by Borrower subject tc E,er,.dees approval which s> rall not be <br />unremonably 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, Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Bomwer otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Property damaged, if the restoration nr 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 lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument, whether ar not then due, with any excess paid to Borrower. If <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurz= carrier has <br />offered to settle a claim, then Lender may collect the insurance proeoads. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will be& <br />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 ahe 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 Linder. Borrower's right to any insurance policies and proceeds resulting <br />from damage to tine Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds. 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 Lender'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 Lender's rights <br />in the Property. Lender's actions may. include paying any sums secured by a lien which has priority over this Security <br />L 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 <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 />�- ..y <br />1 <br />_J <br />