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1 <br />UNIFORM COVENANTS Borrower and Lender covenant and agree as follows: 09— 104090 <br />1. Payment of Priselpal 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 />Z, Fmide for Tatter sad Iaaarism. Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />Lender <br />to on the day monthly payments are due under the Note, until the Note is paid in flrll. a sum ("Funds") equal to <br />ore- twelfth of (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />leaxhaad payments or around 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 ofcurrent 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 alloncy (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 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 />chap 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 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. Lender shall promptly refund to Borrower <br />any Funds held by Larder. If under paragraph 19 the Property is sold or acquired by Lender. Lender shall apply, no later <br />than immedititefy prior to the sale of the Property'or its acquisition by Lender, any Funds held by Lender at the time of <br />application ass credit against the sums secured by this Security Instrument. <br />3. Appiliodke of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs 1 and, 2 shalt be applied: fitsC,; bee late charges due under the Note; second, to prepayment charges due under the <br />Notary third, to ssntadiunts pagalfk under paragraph 2; fourth, to immm due; and last, to principal due. <br />4 CharM Lima. 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 />' <br />Borrower shall pay these oMptions in the meaner provided in. paragraph 2, or if not paid in that manner. Borrower shall <br />E _: <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />. <br />to be paid under this paragraph. If Borrower makes these paytt em directly, Borrower shall promptly furnish. to Lender <br />Borrower shall promptly discharge any lie 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 to Lender, (b) contests in good <br />faith the lief by, or defends against enforcement of the lien im legal proccedinp which in the Lender's minion operate to <br />_ <br />prevent the eaRiecemert 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 whic>b may attain priority over this Security Instruments, Lender may give Borrower a <br />no(ice identifying the lien. Borrower shaft satisfy the lien or take one or monk of the actions set forth above within 10 days <br />of tlbe giving of notice. <br />S. Has ird Inntraace. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured ageiasrioss 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 />unttmsonably withheld. <br />All imtrraaoe 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. Nmender requires, Borrower shall promptly give to Lender <br />all ape of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance <br />_.. <br />canner and Lender. Letndes may make proof of loss if not made promptly by Borrower. <br />..; . <br />Unless Larder 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 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 />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 1 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. P"Omvatioa NW Mainte•amm of ProperW Lea WwWIs. Borrower shall not destroy, damage or substantially <br />'change <br />the Property, allow the Property to deteriorate or commit waste. if this Security Instrument is on a leasehold, <br />-- <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. Proteetioa of Leader's Rights is 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 />Larder'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 y-a lien which has priority over this Security <br />Instrument. <br />appearing in court, paying reasonable ataorneys' 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 />n <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 />