|
r
<br />L
<br />IN
<br />89-- 103133
<br />UNIFORM COVENANTS Borrower and Lender covenant and agree as follows:
<br />I. Payment of Priselpal turd Itttmat; prepayment sad Late Ckagn. 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 Iswrsace. 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 />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 />Leader 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 lawn 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 law
<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 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 Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of F?,en&. If the
<br />amount of the Funds held by Lender is not sutdcient to pay the escrow items when due. Borrower shall pay to Lender any
<br />amount necessary to mare up the deficiency in one or more payments as required by Lender.
<br />Upon payment Art 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 held by Lender at the time of
<br />application as a credit against the sums secured by this Security Instrument.
<br />3. Applieatioa 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 Mote;. 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 />6: Cha rM Liieas. 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 />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable in Lender (f.) _ .sea in e-
<br />fttiththe 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 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 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 />S. Hamad 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 shso have the right to hold the policies and renewals. If lender requires. Borrower shall promptly give to Lender
<br />all eeceipts of paid premiums and renewal notices. In the event of loss, Borrower shall,give prompt notice to the insurance
<br />cxMeitand 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 proceed's shill 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 not answer within 30 days a notice from Lender that the insurance carrier has
<br />cfi'ered to settle a claim, then Lender may collect the insurance proceeds. 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 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 1 or change the amount of the payments. If
<br />under paragraph 19 the Property is 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 fa, the extent of the sums secured by this Security
<br />Instrument immediately prior to the acquisition.
<br />6.. ,Preservation and Maintenance of Property; Leaaedolds. Borrower shall nar destroy, damage or substantially
<br />change the. Property, allow the Property to deteriorate or com. mir Waste:.lf this security Instrument is on a leasehold,
<br />Borrower shaft comply with the provisions of the lease, and if Batirower 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.:Pratimft. to off Lender's Rights in the Property; .NMortgagi lrewrauice: If Borrower fails to perform the
<br />covenants nd�agreements'eontaineia m' this Security lnstrumecC„nr there is a legal proceeding that may significantly affect
<br />Lender's rights in the Property (sucli• as a proceeding in baaknptcy. probate, for condemnation or to enforce laws or
<br />regulations). then Lender may do and pay for whatever is necessary to prota.t the value of the Property and Lender's rights
<br />in the Property. Lender's actions may include paying any sums secured "Fsy�a lien which has priority over this Security
<br />Instrument, appearing in court. paying reasonable attorneys' feesand entering on the Property to make repair%. 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 Borrow er secured by this
<br />Security instrument. Unless Borrower and Lender agree to other terms of payment, these amounts ~hall hear interest from
<br />the date of disbursement at the Note rate and shall be payable, with interest, upon notice- from 1 ender to Borrower
<br />requesting payment
<br />. -
<br />qh�
<br />i!!
<br />r
<br />M
<br />
|