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200411598
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200411598
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Last modified
10/16/2011 11:42:39 PM
Creation date
10/21/2005 6:15:10 AM
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DEEDS
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200411598
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200411598 <br />BORROWERCOVENANTSthat Borrower is lawfully seised of the estate hereby conveyed and has <br />the right to grant and convey the Propertyand thatthe Propertyis unencumbered�except for encumbrancesof <br />record. Borrower warrants and will defend generally the title to the Property against all claims and demands, <br />subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENTcombines uniform covenants for national use and non - uniform <br />covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real <br />property. <br />UNIFORMCOVENANTS.Borrower and Lendercovenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. <br />Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any <br />prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items <br />pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. <br />currency. However, if any check or other instrumentreceived by Lender as payment under the Note or this <br />Security Instrumentis returnedto Lender unpaid, Lender may require that any or all subsequent payments <br />due under the Note and this Security Instrumentbe made in one or more of the following forms, as selected <br />by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, <br />provided any such check is drawn upon an institution whose deposits are insured by a federal agency, <br />instrumentality, or entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at <br />such other location as may be designatedby Lender in accordancewith the notice provisions in Section 15. <br />Lendermay returnany payment or partialpayment if the payment or partialpayments are insufficient to bring <br />the Loan current. Lender may accept any payment or partialpayment insufficient to bring the Loan current, <br />without waiver of any rights hereunderor prejudice to its rights to refuse such payment or partialpaymentsin <br />the future, but Lenderis not obligated to apply such payments at the time such payments are accepted.If each <br />Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied <br />funds. Lendermay hold such unappliedfunds until Borrower makes payments to bring the Loan current. If <br />Borrower does not do so within a reasonableperiod of time, Lender shall either apply such funds or return <br />them to Borrower. If not applied earlier,such funds will be applied to the outstandingprincipalbalance under <br />the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the <br />future against Lender shall relieve Borrower from making payments due under the Note and this Security <br />Instrument or performing the covenants and agreements secured by this Security Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise describedin this Section 2, all payments <br />acceptedand applied by Lender shall be applied in the following order of priority: (a) interestdue under the <br />Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to <br />each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to <br />late charges, second to any other amountsdue under this Security Instrument,and then to reduce the principal <br />balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a <br />sufficient amount to pay any late charge due, the payment may be applied to the delinquentpayment and the <br />late charge. If more than one Periodic Payment is outstanding, Lendermay apply any payment received from <br />Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in <br />full. To the extent that any excess exists after the payment is applied to the full payment of one or more <br />Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be <br />applied first to any prepayment charges and then as described in the Note. <br />Any applicationof payments, insuranceproceeds, or MiscellaneousProceedsto principal due under the <br />Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lenderon the day PeriodicPayments are due under <br />the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) <br />taxes and assessments and other items which can attain priority over this Security Instrument as a lien or <br />encumbranceon the Property; (b) leaseholdpayments or ground rents on the Property, if any; (c) premiums <br />for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance <br />�� <br />(M 6A(NE) pom) Page 4 of 15 initials: Form 3028 1/01 <br />
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