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<br />88- <br /> <br />102303 <br /> <br />UNIFORM COVENANTS, Borrower and Lender covenant and agree as follow" <br />I. Paymenl of PriDclpal and Inlerest; Prepa}1lIenland Late Charlle5. Borrower shall promptly pay when due <br />the pnncipal of and interest on the debt evidenced by the Note and any prepaymenl and lale charges due under t he Note. <br />Z. Flilnds for Toes and Insuruce. Subject to applicable law or 10 a wriuen wai\'er by Lender. Borrower shall pay <br />to Lender on Ihe day monthly payments are due under the Note. unlilthe Note is paid in full. a sum ("Funds") equal to <br />one-Iwelfth of: (a) yearly taxes and assessments which may' allain priority' over this Security Instrument; (b) yearly <br />leasehold paymenls or ground rents on the Properly, jf any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, if any. These items are called "escrow ilerr.s." Lender may estimate the Funds due on the <br />basis of currenl dala and reasonable estimates offuture escrow items. <br />The Funds shall be held in an institution the deposits or accounls of which are insured or guaranleed by a federal or <br />stllte agency (including Lender if Lender is such an instilution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for holding and applying the Funds, analV7ing t~.e aCCOUnl )r verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law ;'C7ffi," Lender to make such a charge. Borrower and <br />Lender may agree in wriling that interest shall be paid on the r ;;T"~,,;. Unless an agreement is made or applicable law <br />requires inleresl 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 annuai accounting of the Funds showing credits and debits 10 the Funds and the <br />purpose for which each debit 10 the Funds was made, The Funds are pledged as additional security for the sums secured by <br />Ihis Security Instrument. ' <br />If the amounl of the Funds held by Lender, togelher with the future monthly payments of Funds payable prior to <br />the due dale-; of Ihe escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, <br />at Borrower', option. either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the <br />amounl of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any <br />amounl 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 19the Property is sold or acquired by Lender, Lender shall apply. no later <br />Ihan immediately prior to the sale of the Property or its acquisition by Lender. any Funds held by Lender at the time of <br />application as a credit against the sums secured by Ihis Security Inslrument. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be applied: first. to late charges due under the Note: second. [0 prepayment charges due under the <br />Note; Ihird. 10 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 allributable to the <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 paragmph 2, or if not paid in that manner, Borrower 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 Ihis 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 Instrument unless Borrower: (a) <br />agrees in writing to the payment of !he obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />failh 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 (cl secures from the holder of the lien an <br />agreement salisfactory 10 Lender subordinating the lien to this Security Instrument. If Lender determines that any parI of <br />!he Property is subject to a lien which may altain priorily over this Security Instrument. Lender may give Borrower a <br />notice idenlifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above wilhin JO days <br />of the giving of notice. <br />5. Huard IlUIuruce. Borrower shall keep t he improvements now existing or hereafter erected on Ihe Property <br />insured againsl loss by fire, hazards included wi!hin the term "extended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for the periods that 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 10 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 proof ofloss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied 10 restoration 01 repair <br />of the Property damaged, if the resloration or repair is economically feasible and Lender's security is not lessened. If Ihe <br />restoration or repair is not economically feasible or Lender's security would be lessened, t he insurance proceeds shall be <br />'" applied to the sums secured by this Security Instrument. whether or not then due. wi!h any excess paid to Borrower, If <br />Borrower abandons the Property, or docs not answer wilhin 30 days a notice from Lender that the insurance carrier has <br />offered 10 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 Ihen due. The 3D-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower olherwise agree in writing. any application of proceeds to principal shall not extend or <br />postpone the due date ofthe mon!hly payments referred to in paragraphs I and 2 or change t he amount of the payments. If <br />under paragraph 19 !he Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior 10 Iheacquisition shall pass to Lender to the extenl of the sums secured by this Securily <br />Instrument immediately prior 10 the acquisition. <br />6. Presenation and Maintellance of Property; Leaseholds, Borrower shall not destroy. damage or substanlially <br />change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold. <br />Borrower shall comply wilh 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 Leader's Rights in the Property: Mortgage Insurance. If Borrower fails 10 perform the <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. probale. for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protcclthe value oflhe Property and Lender's rights <br />in the Property. Lender' actions may include paying any sums secured by a lien which has pnorilY over this Sccurity <br />lnslrumenl. appearinll; court. plI};nll reasonable attorneys' fees and entering on Ihe Property 10 make repair<. Although <br />Lender may take setic n nder this paragraph 7, Lender does nOI have 10 do so. <br />A.ny amounts" ;)\Irsed by Lender under thIS paragraph 7 shall become additional debt of Borrower 'ecured by Ih" <br />Security Instrument. '- nless Borrower and Lender aji;ree 10 olher terms of pay men I. these amounts ,hall bear mleresl from <br />the dale of disbursement al the NOle rnle and ,hall be pay'able. "'lIh inter",t. upon nollce from Lender In Borre", cr <br />n:quatmJ pa}-ment. <br />