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<br />I <br /> <br />L <br /> <br />88- 100565 <br /> <br />UNIFORM COVE?-;ANTS, Borrower and Lender covenant and agrec as 1,,110\\ s <br />I. Payment of PrinciplIl Rnd Interest; Prepayment Rnd Late Charges. Borrowcr shall prornptl~ pay whcn duc <br />the principal of and interest on the debt evidenced by thl' Note and any prepayment and latc chargcs duc undcr thc ~olc, <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a writtcn wallcr by Lcnder. Borrower shall pay <br />to Lendcr on the day monthly payments arc due under the Note, until the Note is paid in full. a sum ('Tunds"') equal to <br />one-twclfth of: (a) yearly taxes and asscssments which may attain priority ol'er this Security Instrument: (b) ycarly <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums: and (d) yearly <br />mortgage insurancc premiums, ifany. These items are called "escrow items," Lender may estimate the Funds duc on the <br />basis of current data and rcasonable 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 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 may agree in writing that intcrest 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 are pledged as additional security for the sums securcd 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 exccss 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 Lender. If under paragraph I q the Property is sold or acquired by Lender, Lcnder shall apply, no later <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at thc time of <br />application as a credit against lhe sums secured by this Security Instrument. <br />3. Application of Payments, Unless applicable law provides otherwise, all payments receivcd by Lcndcr under <br />paragraphs I and 2 shall bc applied: first, to late charges due under the Note; second, to prepayment charges duc undcr the <br />Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due, <br />4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines and impositions attributablc to thc <br />Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manncr, Borrowcr shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrumcnt unlcss Borrower: (a) <br />agrees in writing to the payment of the '1bligation secured by the lien in a manner acceptablc to Lcndcr; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, 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 (c) securcs from thc holdcr of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lcndcr dctcrmincs that any part of <br />the Property is subject to a lien which may attain priority over this Security Instrument, Lcndcr may give Borrowa a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of thc actions set forth abovc within 10 days <br />of the giving of notice. <br />5. Hazard Insurance, Borrower shall keep the improvements now existing or hercaftcr crccted on the Property <br />insured against loss 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 ap.d for the periods that Lender requires, The <br />insurance carner providing the insurance shall be chosen by 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 />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 of loss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proofofloss if not made promptly by Borrower. <br />Unless Lender 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 Prol'erty, 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 I 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. Preservation and Maintenance 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. ProtectIon of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform thc <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender'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 Lendcr's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Instrument, appearing in court, paying reasonable attorneys' 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 sccurcd by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, thcsc amounts shall bear intcrest from <br />the datc of disburscment at thc Notc rate and shall be payablc, with intcrcst. upon nolICC from Lcndcr 10 Borrowcr <br />rcquesting payment <br /> <br />--~ <br />h, <br /> <br /> <br /> <br /> <br />,\~ <br />.~?f . <br />]~ ' <br />"I <br />,{~ <br /> <br />i <br />'/i.~j. <br />\1)\-~ <br /> <br />...------- <br /> <br /> <br />/ <br />~, <br />