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88106034
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Last modified
3/9/2007 5:41:50 PM
Creation date
3/9/2007 4:43:18 AM
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DEEDS
Inst Number
88106034
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<br />UNIFORM COV~N^N1S, Dorrowerand Lcndcrcovenanland agree as follows: 88- 106 n 3 II <br />I. Paymcnl of Principal and Interest; Prepayment and Late Charges, Dorrowcr shall promptly pay w'l1en ciIte <br />the principal of and interest on the debt evidenced by the Note and any prepayment and laic charges due under the NoIC. <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a wrillen waiver by Lcndcr. Dorrower shall pay <br />to Lender on the day monthly payments arc due under the Note, until the NOlc is paid in 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 on the Property, if any; <c) yearly hazard insurance premiums: and (d) yearly <br />mortgage insurance premiums, irony. 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 arc insured or guaranteed by a federal or <br />"ate agency (including Lender if Lender is such an instilulion), Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for holding and applying the Funds. analyzing the accoum nr verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable low permits Lender to make such [l charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless un ugreenu:nt is made or applicable law <br />requires interest to be paid. Lender shaH 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. Thc Funds are pledged as additional sccurity for the sums secured by <br />this Security Instrument. ' <br />IF the amount of the Funds held by Lender, togcther with the future monthly payments of Funds payable prior to <br />the due dates of the escrow items, shaH 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 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 Dorrower <br />any Funds held by Lender, Ifunder 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. 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: sccond. 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. Charges; Liens, Borrower shall pay aU taxes. assessments, charges, fines and impositions attributable 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 munner provided in paragraph 2. or if nol 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 />10 be paid under this paragraph. If Borrower makes these payments direclly. Dorrower shall promptly furnish to Lcndcr <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 the obligation secured by the Hen 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 to <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 (hat any pan of <br />the Propeny 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 forlh above within 10 days <br />oflhe giving of notice. <br />S. Hazard Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured againslloss hy fire, hazards included within the term "extended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shaH 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 to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals, If Lender requires, Dorrowcr shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt nolice to the insurance <br />carrier and lender. Lender may make proofofloss if not made promplly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of the Propeny damaged. if lhe restoration or repair is economically reasible 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 Horrower. 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 30.day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any appiication of proceeds tn prindpal 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 shaH pass to Lender to the extent of Ihe sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Presenation 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 shalt comply with the provisions crthe 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 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, probate. for condemnation or to enforce laws or <br />regulations), then lender may doand pay for whatever is necessary to protect the value of the Property and Lender'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 10 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 parngmph 7 shall become l1ddltmnul debt of Borrower ~ecured by Ihis <br />Security Instrumen1. Unless Borrower and lender agree to other terms OrpaYT11t.'I1t. these amounts shall bear lIltere~t from <br />the date of disburscmcrll at the Note rate and shall be payahle. with Interest. upon "l'lIce fmlll Lender 10 Borrower <br />rcqur"ting payment. <br />
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