Laserfiche WebLink
200411322 <br />Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant <br />and convey the Property, and that the Property is unencumbered, except for encumbrances of record. `Borrower covenants <br />that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to <br />encumbrances of record. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest <br />indebtedness evidenced by the Note and late charges as provided in the Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall <br />pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid <br />in full, a sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments (including condominium and <br />planned unit development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the <br />Property, if any, plus one - twelfth of yearly premium installments for hazard insurance, plus one - twelfth of yearly premium <br />installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the <br />basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments <br />of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust <br />if such holder is an institutional lender. <br />If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which <br />are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall <br />apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so <br />holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender <br />pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender <br />may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, <br />and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to <br />pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting <br />of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The <br />Funds are pledged as additional security for the sums secured by this Deed of Trust. <br />If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior <br />to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay <br />said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, <br />either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the <br />Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall <br />due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender <br />may require. <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any <br />Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, <br />Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds <br />held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by <br />Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. <br />4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations <br />under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, <br />including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments <br />and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, <br />and leasehold payments or ground rents, if any. <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 in the term "extended coverage" and any other hazards, for which Lender <br />requires insurance, including, but not limited to, floods or flooding, earthquakes or hurricanes (whether or not such <br />hazards are required to be insured against at the time the Loan is made). All insurance required by Lender shall be <br />maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall <br />be chosen by Borrower subject to Lender's approval, which shall not be unreasonably withheld. In the event the Property <br />improvements are now, or at any time during the term of this Security Instrument are determined to be, in a Special Flood <br />Hazard Area, Borrower must obtain and maintain flood insurance. <br />Borrower acknowledges and agrees that failure to insure the Property, which is the security for this agreement, <br />according to the terms and conditions of this paragraph 5 is an event of default subject to the remedies available to <br />Lender under this agreement. If Borrower fails to obtain or maintain any coverage described herein, Lender may, but <br />shall have no duty to, obtain such coverage or substantially equivalent coverage with an insurance carrier of Lender's <br />choice, protecting only Lender's interest in the Property in accordance with paragraph 7, all at Borrower's expense. <br />Lender shall have no duty or obligation to obtain any insurance protecting Borrower's interest in the Property, or covering <br />risks for which Lender has not required insurance, as described in the first paragraph of this paragraph 5, even if Borrower <br />has previously obtained or maintained such insurance coverage, including, without limitation, a homeowners policy. Lender <br />may, in its sole discretion, obtain insurance in whatever amounts and types Lender deems adequate to protect Lender's <br />interest in the Property, regardless of the unpaid balance remaining under the Note or the amounts remaining due under <br />this Security Instrument. For this purpose, Lender will deem its interests to be adequately protected by an insurance <br />policy with coverage equal to the value of the improvements located on the Property securing Borrower's loan. Lender <br />may determine the value of the improvements by assuming as accurate the value assigned to the improvements in the <br />insurance policy that Lender's records reflect was most recently held by Borrower prior to the insurance policy obtained <br />by Lender. Borrower acknowledges and agrees the amount may not be equal to the actual value or replacement value <br />of the improvements, and any such insurance Lender obtains may not protect Borrower's interest in the Property. <br />Borrower acknowledges and agrees that the cost of the insurance coverage so obtained by Lender may significantly <br />exceed the cost of insurance Borrower could have obtained, as described in the first paragraph of this paragraph 5, if <br />Borrower had purchased the insurance directly, and further may provide Borrower with less or no insurance coverage <br />protecting Borrower's interest in the Property. Borrower further acknowledges and agrees that Lender may obtain any <br />such insurance directly or through an insurance agency or insurer affiliated with Lender and Lender or Lender's affiliate <br />may receive a commission or other compensation in connection with obtaining such insurance. <br />Form 3828 3/98 (Page 2 of 5 Pages) <br />