Laserfiche WebLink
<br />I <br />88-101656 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay whell due <br />the principal of and interest on thc dd)t cvidenced by Ihe Nole and any prepayment and lat/: charges due under the NOIC, <br />2. Funds for Tnxes and Insurance. Subjcct to applicable law or to a written waiver by Lender, Borrower shall pay <br />10 Lender on the day monthly payments are due under the Note, until the Note is paid ill full, a sum ("Funds") equal 10 <br />one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />leasehold payments or ground rents 011 the Property, jf :.IllY; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, ifany. These items are callcd "cscrow items." Lender may cslimale the Funds duc on the <br />basis ofcurrcnt data and reasonable estimates offuture escrow items. <br />The Funds shall be held in an institution the deposits or accounts l~f which arc 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 Ihe 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 pny Borrower any interest or c:lfI1ings on the Funds. Lender <br />shall give to Borrower, without charge, an annualaecounting of the Funds showing credits and debils 10 the Funds and the <br />purpose for which each debit to the Funds was made. The Funds arc plcdgeu as addil ional securily for I he 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 ('[edited to BorlOwer on monthly payments of Funds. ]1' 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 19 the Property is sold or acquired by Lender, Lender 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 the lime of <br />application as a credit against the sums secured by this Securily Instrument. <br />J. Application of Payments. Unless applicablc law providcs otherwise, all payments receivcd by Lender under <br />paragraphs I and 2 shall be applied: firs!. to late charges due under the Note; second, to prepayment charges due undcr the <br />Nole; 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 attributable 10 lhe <br />Property which may allain priority over this Security Instrumenl, and leasehold paymenls or ground rents, if any. <br />Borrower shall pay these obligat ions in Ihe manner provided in pamgraph 2. (If if not paid in t hat manner, Borrower shall <br />pay them on time directly 10 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 />reeeipts evidencing the payments, <br />Borrowcr shall promptly dischargc any lien which has priority over this Security Instrumcnt unless Borrowcr: (a) <br />agrees in writing to thc payment of the obligation secured by the lien in a manner acceptable to Lender; (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 10 <br />prevent the enforcement 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 which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />of the giving of notice. <br />5. Hazard Insurance. Borrower shall keep the improvemenls now existmg or hereafter erected 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 maintaincd in the amounts and ior the periods thaI Lender requires. The <br />insurance carrier 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 t(1 Lender and shall include a standard mortgagc 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. ]n the event of loss. Borrower shall give prompt notice to the insurance <br />earrier and Lender. Lender may make proof of loss 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 !iecurity would be lesscned. 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. ]1' <br />Borrower abandons the Property, or does not answer within 30 days a notice from Lendcr that the insurance carrier has <br />offered to settle a claim, then Lender may collect the insurance proceeds. Lender may LIse the proceeds 10 repair or restore <br />the Property or to pay sums secured by this Sccurity 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 Properly is acquired by Lender. Borrower's right to any insurance policies and procceds 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; l,easeholds. Borrower ..hall not destroy, damage or substantially <br />change the Property, allow the Property to deteriorate or commit waste. If :Im. Secum)' Instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee title 10 the ProperlY, the leasehold and <br />fee title shall not merge unless Lender agrec.<i to the merger in writing. <br />7. Protection of Lender's Rights In the Propert}'; :\!ortgage Insurance. If Borrower faib 10 perform the <br />covenants and agreements contained in this Security ]nstrumenl, or there is a legal proceeding that may significanlly alfect <br />Lender's rights in the J~roperty (such as a proceeding in bankruptcy. probate. for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatevcr is necessary to protect the value of the Property and Lender\ righls <br />in the Property. lender's actions may include paying any sums secured by a Ikn which has priority over this Security <br />Instrument, 3Pl"'~ring in court. paying reasonable allorneys' fees and entering on the Property tn make repairs. Although <br />Lender may take action under this paragraph 7, lender does not have 10 do so. <br />Any arnounts di!Oburscd b)' Lemler under this parngraph 7 shall become additional debt of Bonower securcd Ill' this <br />Security Instrumenl. Unless Borrower and Lender agree to other lerms of payment. these amounts shall hear ll1terl'st froll1 <br />the dale of disburs("Ol<."nl al Ihe Note rate and shall be payahle. wllh inleresl. upon nntice fn)(l\ L('lIllcr III nnrrnwcr <br />requestlng paymC'nt, <br />