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- <br />9Q--- iQ 170 <br />UtittPnRN COVDIAM& Borrower and Lender covenant and agree as follows: <br />1. ' Psyment of Peiselpal seed Interest; Prepayment and Late Charges. Borrower shall ptomptiy pay when due <br />the principal of and interest on the debt evidenced by the Note and any prepa)ment 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 />floe- welfth of (a) yearly taxes and assessments which may attain priority, over this Security Instrument; (b).yearly <br />j r leas*10 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 item.- tender may estimate the Funds due on the <br />basisofcttrrent dat;iand reasonableestimatesof 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 Wsuch an institution). Lender shall apply the Funds to pay the escrow items. <br />Leader tray not charge for holding and applying; the Fonds, analyzing the account or verifying the escrow items, unless ; <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to melee 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 law <br />requires interesst to be,paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender, <br />_- <br />- — —r - - - W=HJPvitUHUr11UWC without charge,-an atmuaiaccouating -of the Funds shawingtredits amt d the <br />purpose for which each deb_ it 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 pay the escrow items when due, the excess shall be. . << <br />at.Borrowees 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 not sufficient to pay the escrow items when due. Borrower shalt pay to Lender any <br />amount necessary to make up the deficiency in one or more payments as required by Lender.. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply. no later <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds Ireld by Lender at the time of <br />application as a credit against the sums secured by this Security Instrument. <br />" 3 Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs 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 Iasi, to principal due. <br />j 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the <br />Property which may attain priority, over this Security Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in 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 lien which has priority over this Security Instrument unless Borrower: (a) <br />; <br />agrees in 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 Lenders opinion operate to <br />prevent the enforcement of the lien 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. If Lender determines that any pan 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 lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />5. Hazard 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 for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be <br />unreasonably 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 preriums 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 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 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 he <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 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 prixeeds iii repair or iestoiic <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin <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 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 Lender. llorrowees right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sum-. m-cured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Properjy; 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 Ilte provisions of the lease. and if Borrower acquires fee title to rite Property, the Ieaschold and <br />fee title shall not merge unless tender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property; Mortgage Insurance. If harrower fails to perform the <br />o:nvcnants and agreements contained in this Security Instrument, or there is a legal prnccoing that may signiticandy at %et, <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce law~ 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 />' <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Instrument, {appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender mays ake action under this paragraph 7. Leader does not have to do so. <br />« <br />�► <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrowers and Lender agree to other terms cif payment. these amounts shall bear interest from. <br />the date of disbursement at the Note rate and %hail he payable, with interest, neon nottee front i.ender to lies *m ter <br />'' <br />to <br />requesting payment. <br />