Laserfiche WebLink
<br />88-104020 <br /> <br />UNIFORM CoVENANTS. Borrower and Lender covenant and agree as follows: ~__ <br />I. Pa)'lllent of PriadpallUld Interest; Prepayment and Late ChIlU'Jlell. Borrower shall promptl~ pay when due <br />the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. Funds for Taxes and IDnrance. Subject to applicable law or 10 a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to <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 on the Propeny, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage insurance premiums, if any, These items are called "escrow items." Lender may estimate the Funds due on the <br />basis of current data and reasonable 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 />stale 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 ur verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law pennits 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 pay Borrower any interest or earnings on the Funds, Lender <br />shall give to Borrower, without charge, an annual accounting ofthe '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 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 tbe 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 credited to Borrower on monthly payments of Funds. If the <br />amount of tbe 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 time of <br />application as a credit against the sums secured by this Security Instrument. <br />3. AppUcatioa of Paymeala. 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, to prepayment charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. <br />4. CIaaraes; Ueu. Borrower shall pay all lalles, assessments, charges, lines and impositions attributable to the <br />Propeny 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 manner, Borrower shall <br />pay tbem on time dircctly to the penon owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this parqraph. 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 />qrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faitb the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevent tbe enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an <br />agreement satisfactoJy 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 identifyina the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days <br />of tbe givins of notice, <br />5. Huard 1Muraaee. Borrower shall keep the improvements 1I0W existing or hereafter erected on the Property <br />insured against loss by lire, 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 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 />unreucmably withheld. <br />All inJurance 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 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 />resr.ontion or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br />applied to tbe sums secured by this Security Instrument, whether or not then due, with any excess paid to Borro....er. If <br />Borrower abandons the Property, 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 3O-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 nOI extend or <br />postpone the due date of tbe monthly payments referred to in paragraphs] and 2 or change the amount ofthe payments. If <br />under paragraph 19 tbe Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damqe to the Property prior to tbe acquisition shall pass to Lender to the extent of the sums secured by this SecurilY <br />Instrument immediately prior to tbe acquisition. <br />6. Preaenatioa and MalIItCDaDCe of Prosaer1r. LeaeIIoldL Borrower shall nol deslroy. damage or substantially <br />change the Property. allow the Property to deteriorate or commit waste, If this Securily Instrumenl is on a leasehold. <br />Borrower shall comply with the provisions ofthe lease, and if Borrower acquires fee title to Ihe Property. the leasehold and <br />fee title ahall not merge unless Lender Blree& to the mergei' in writing. <br />7. ProtectIo..1 of u.der'. RJpIa In tile 1"ropenJ; Mortp&e I_ranee. If Borrower fails to perform the <br />covenants and qrecmenll contained in this Security Instrument. or there is a legal proceeding thai may significantly all'ecl <br />Lmder's ripta in the Property (such as a proceeding in bankruplcy, probate, for condemnation or 10 enforce laws or <br />rqulations). then Lender may do and pay for whatever is necessary to proleclthe value ofthe Propeny and Lender's rights <br />in the Propcny. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Instrument, appearinl in WIIrt, payinS reatonable attorneys' fees and entering on the Property to make repairs, Allhough <br />Lender may take action under this paral"aph 7. Lender does nOI have to do so, <br />Any amounts dilbuned by Lender under this paragraph 7 shall become additional debt of Borrower secured by Ihls <br />Security Instrument. Unlea Borrow~r and Lender agree to other terms of pB}'menl. these amounts shall hear IIIterest from <br />the date of disbursemenl at the Note rate and shall be payable. with IIIlerest. upon nollce from Lender 10 Borrower <br />requeatinl paymerlt, <br />