Laserfiche WebLink
Loan No: 029305555741 200507860 Data ID: 595 <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event that Borrower cancels a policy on the Property and <br />Borrower replaces it with a different policy, Lender may charge Borrower a reasonable fee (subject to applicable law, if <br />any) to change its records to reflect the new policy. In the event of loss, Borrower shall give prompt notice to the <br />insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. In the event Lender <br />acquires the Property through foreclosure or otherwise, Borrower assigns to Lender its rights to any refund of unearned <br />premiums and any other rights of Borrower under the insurance policy. <br />To the extent Borrower obtains any form of insurance coverage for the Property without being directed to do so <br />by Lender, such as flood, earthquake or hurricane coverage, such policy shall include a standard mortgagee clause and <br />shall name Lender as mortgagee. Any insurance proceeds from such policy shall be additional security for the Note and <br />Lender shall have the same rights to such policy and proceeds as it has with regard to Lender - required insurance policies <br />discussed in this paragraph 5. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the, Property damaged, if, at Lender's sole discretion, the restoration or repair is economically feasible and Lender's <br />security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance <br />proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction. Lender shall have the right to deduct fees for such inspections from the insurance proceeds unless <br />prohibited by applicable law or regulation. Fees for public adjusters or other third parties retained by Borrower shall not <br />be deducted from the proceeds and shall be the sole and separate obligation of Borrower. If, in Lender's sole <br />determination, the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance <br />proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid <br />to Borrower. Borrower shall remain responsible for any sums remaining due and payable under the Note and this Security <br />Instrument. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the <br />insurance carrier has offered to settle a claim, then the proceeds will be automatically assigned to Lender. Lender may <br />use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not <br />then due. The 30 -day period will begin when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the <br />payments of principal and interest due under the Nate. If under paragraph 21 the Property is acquired by Lender, <br />Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition <br />shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. <br />The provisions contained in this paragraph 5 are subject to limitations under applicable law, if any. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br />Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the <br />Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust <br />is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under <br />the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and <br />regulations of the condominium or planned unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage <br />insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required <br />to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with <br />Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other <br />terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. <br />Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related <br />to Lender's interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are <br />hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security <br />agreement with a lien which has priority over this Deed of Trust. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest <br />of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors <br />in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by <br />the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right <br />or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability, Co- signers. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and <br />Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and <br />several. Any Borrower who co -signs this Deed of Trust, but does not execute the Note, (a) is co- signing this Deed of <br />Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, <br />(b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower <br />hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed <br />of Trust or the Note without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust <br />as to that Borrower's interest in the Property. <br />Form 3828 3/98 (Page 3 of 5 Pages) <br />