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r <br />L� <br />F <br />89- 1.03162 <br />UNIFORM COVENANTS Borrower and Lender covenant and agree as follows- <br />1. Psysent of Prindpal acrd Intert~ah Prepayment and Late Chu vs. 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. Fanda for Taxes and l asurance. 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 />iortgage insurance premiums, if any. These items arc called "escrow items." Lender may estimate the Funds due on the <br />basis of current data and reasonable eatimates 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 />Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and <br />Lender tray 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 arc 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 Funds. If the <br />amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall 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, Leader shall promptly refund td 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 tender at the time of <br />application; a4 a credit against the sums secured by this Security Instrument. <br />3..Ajtplication of Psywests. Unless applicable taw provides otherwise, all payments received by Lender under <br />paragraphs hand 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, •t 6hriterest due; and last, to principal due. <br />4. Ckaries; Liens. Borrower shall pay all taxes„ asseWments, charges, fines and impositions attribut able to the <br />Property' which may attain priority over this Security Insttramment, and leasehold poments or ground m nt% if any. <br />Borrower shall pay these obligations in the manner provided• iii paragraph •2,• or if not paid in that manner. Buriv:er shall <br />pay them on time directly to the person owed paFment. Borrower "I promptly furnish to Lenders all notices of amounts <br />to be paid under this paragraph. if Borrower makes these payments directtly, Borrower shah pt+i wptly, 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 accepts_ ble to Lender; (b) contests in good <br />faith the iienby, or defends sgaipm enforcement or the Lien tit, 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; or (e)-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 Instmment, Lender may give - Bormwer a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the meteors set forth above w #hirt b da)i <br />of the giving of notice. <br />.. Sr Hared leswance. Borrower shall keep the improvements now existing or hereafter emted on the Property <br />insu"de igainst loss by fire. hazards included within the t*a- "extended coverage" and-any other haWds for whscb Lender <br />c+equires insurance. This insurance shall• be maintained in: the amounts and for the periods that Lender requires. The <br />l <br />msiumce carrier providing the insurance shal be chosen 0y 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 />Lmder.shall have the right to hold the policies and renew9s~ If Lender requires. Borrower shall promptly; give to Lender <br />all, receipts of paid premiums and renewal notices. in the e`�mr of loss, Borrower shalt give prompt notie� co'the insurance <br />' <br />carrieir and Lender. Lender may make proof of loss if not-ni c& promptly by Borrower. <br />Vaiiess Lender and Borrower otherwise agree in writisig„ insurance proceeds shall be applied to restoration or repair <br />of the Property damaged, if the restoration or repair is ewnomicaIly feasible and Lender's security is not lessened. If the <br />restoratioiz or repair is not economically feasible or Lendees security would be lessened, the insiinar= proceeds shall be <br />applied: to the sums secured by this Security instrument. wf>xther or not then due, with any excess paid to•'Oarrower. 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 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 f and 2 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 to the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Presmation and Maiateaance 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. PnKeetion of Leader's Rights in tiro Property; Mortgage Insurance. if Borro,ec fails ca. N. rform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding than er'a 'signifte:antly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enObrce 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 hits priority over this Security <br />instrument. appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Althauglt <br />Lender may take action under this paragraph 7. Leader does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt .if 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 use payable, with interest. upon notice from:.i.ender to Borrower <br />requesting payment <br />-I <br />