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<br />105941 <br /> <br />RE.RECORDED CUI_ 106628 88- <br />UNIFORM CoVEN~. Borrow.r and Lender covenanl aniragr.. as follows: <br />I. ...,....t 0' Principal and I.t.....t; Prepayment ODd Lale Chal11l1. Borrower shall promplly pay when due <br />the principal OfL"1d interest on the debt evidenced by the Note Bnd any prepayment and laic charges due under the Nott. <br />2. Fuada 'ar Tu.. ODd lasuraMI!. Subjecl to appllcabl.l.w or 10 0 written waiver by Lend.r, Borrower shall pay <br />10 Lender on the day monthly paymenls an: due under the NOle, until Ihe Note Is paid in full, a .um ("Fund.") equal 10 <br />on..t....lfth of: (a) yearly lues and U5CSSmenls which m.y allain priority over thi. Security Instrum.nt: (b) y.arly <br />leuehoJd payments or ground renlS on the Property, If any, (c) yearly hazard insurance premium., and (d) yearly <br />mortwc insurance premiums, if Iny. 11'ae hems are called "escrow hems." Lender ml',Y estimate the Fund" due on the <br />basis of current data and reasonabl. estim.t.. offutur. escroW item., <br />The Funds shall be held in an inSlitution the deposits or accounts of which are insured or guaranleed by a federal or <br />stat. aaency (including Lend.r If Lender is such .n institution), Lender shall apply th. Funds 10 pay th. escrow it.ms. <br />Lender may not charge for holding and .pplylng the Funds, analyzing Ih. account or verifying the escrow it.ms, unless <br />Lender pays Borrower intucsl on the Funds and applicable la... permits Lend.r to make such. charg., Borrower and <br />Lender may agree In ...riting that Interest shall be paid on tbe Funds, Unless an agreem.nt Is mad. or applicabl. law <br />requires interest to be paid, Lender shan 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 w:h debit to the Funds was mad.. The Funds are pledged as additionalseeurity for Ih. sums seeured by <br />this Security Instrument. <br />If the amount of the Funds held by Lender, togeth.r with the future monthly paymenl5 of Funds payable prior to <br />the duc dates of the escrow items, shall exceed the amOUllU'equired 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 ls. not sufficient to pay the escrow items when duc, 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 paymenl in full of aU sums seeured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lend.r, If under paragraph 19 the Property is sold or acquired by Lender, Lend.rshall apply, no later <br />than immediately prior to the sal. of the Property or its acquisition by L.nder, any Funds h.ld by Lend.r at the time of <br />application u a credit asainst the sums secured by this Security Instrument. <br />3. Applleatlo. 0' Payme.... Unless applicabl. law provides oth.rwise, aU payments received by Lender under <br />paragraphs 1 and 2 shall be applied: fir>t, to late charges due und.r the Not.; seeond, to prepayment charges due under the <br />Note: third, to amounts payable und.r paragraph 2, fourth, to interest du.; and lasl. to principal du.. <br />4. Owaea; Ueas. Borrower shall pay aU taxes, IlSSCSSm.nts, charges, fines and impositions attributabl. to the <br />Property wbich may attain priority. over this Security Instrument, ~nd I....hold payments or ground renlS, if any. <br />Borro....r shall pay these obligations in the manner provided in paragraph 2, or If not paid In that manner, Borrow.r shall <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender aU notices of amounts <br />to be paid under this paragraph. If Borrow.r makes these paym.nts directly, Borrow.r shall promptly furnish to Lend.r <br />receipts .videnciog the payments. <br />Borro....r shall promptly discharg. any lien which has priority ov.r this Security Instrumenl unless Borrower: (a) <br />agrees in ...riting to the payment of the obligation scoured by th.lien in a mann.r acceptable to Lender; (b) contests in good <br />railb the lien by, or d.fends against enforc:ement oftb.lien in,I.ga1 proceedings which in the Lender's opinion operate to <br />prevent the enron:ement of the Ii.n or forfeiture of any part ofth. Property; or (c) seeures from the holder ofth.lien an <br />agreement ..tisfaC1ory to Lender subordinating the lien to this Security Instrument. IfLend.r d.termines that any part or <br />tbe 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 satlsry the lien or tak. on. or more of the actions sel forth above within 10 days <br />of the giving of notice, <br />5. Hazard IDluraDee. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the tenn "extended coveragc" and any other hazards for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for thc 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 withh.ld. <br />All insurance polici.. 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 Lend.r requires, Borrower shall promptly giv. to Lender <br />all receipts of paid premiums and renewal notices. In tbe event of loss, Borrower shall give prompt notice to the insurance <br />carrier and Lend.r. Lender may make proof ofloss ifnot made promplly by Borrower, <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair <br />of lhe Property damaged, if the restoration or repair is cconomic:a1ly feasibl. and Lender's seeurilY is not lessened. If Ihe <br />restoration or rcpair is not cconomic:a1ly feasibl. or Lender's seeurity 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 Property, or does not answer within 30 days a notice from Lender that the insurance carrier has <br />ofl'e:ralto settle a claim. then Lender may c:ollect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or 10 pay sums seeured by this Security Inslrumtnt, whether or nOI then due. Th. 3Cklay period will begin <br />when the notice Is given. <br />Unlesa Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date ofth. monthly paym.nts r.rerred 10 in paragraphs I and 2 or change the amount of the paym.nts. If <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to any insuranc. policies and proceeds resulting <br />from damage 10 the Property prior to the acquisition shall pass 10 Lend.r to th. cxtent of the sums seeured by this Securily <br />Instrument immediately prior to the acquisition, <br />6.. PrelenatioD and MaintelWlce ofPropel1J; LcPeboldl. Borrower shall not destroy, damage or substantially <br />change !be Property, allow the propeny to dctcriol1ltc 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. ProteellOD 0' Lender'. RIghta In the Property; M........ lnaurance, If Borrow.r fails to 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 />rqulationa), then Lender may do and 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 IUms secured by a lien which has priority over this Security <br />Instrument. appearing in court, paying rca50nable attorneys' fees and entering on the Propeny to make repairs. Although <br />Lender may take action under Ihis paragraph 7, Lender does not have to do so, <br />Any ","oUOII disbursed by Lender under this paragraph 7 shan become additional d.bt of Borrower secured by this <br />Security 1l1llrument. Unleu Borrower and Lender agree to other terms of payment. these"amounts shall bear interest from <br />the dale of disbulSeI11ent at the Note rate and shall be payable. with interest. upon notice from Lender to Borrower <br />requestinl payment. <br />