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<br />88- 106717 <br /> <br />UNIFORM COVENANTS Borrower and Lender covenant Ind sgree as follows: <br />I. Paymnl or PrIlldpal aad late....ll Prepay..enl and Lale Cb&rllll, Borrower .hsll promplly psy when due <br />the principal orand interest on the debt evidenced by the Note and any prepayment and latc chargt$ due under the Note, <br />Z. Faado rar Tax.. ud I........... Subject 10 applicablelsw or to a written weiver by Lender, Borrower .hell pay <br />10 Lender on the day monthly payments are due under the Nole, unlil the NOle i. paid in full, s .um ("Fund.") equslto <br />one-twelfth of: (a) yearly taxes and .......ments which mlY attain priority over this Security Instrument: (b) yearly <br />lcuchold payments or ground rents on Ihe Property, if any: (c) yearly hazard insurance premiums; snd (d) yearly <br />mortpae insurance premiums, if any. These iIL'f11S are called "escrow hems," Lender may estimate the Funda due on the <br />basis of current data and reasonable estimates offuture escrow items. <br />The Funds shall be held in an !nstitution the deposits or accounts ufwhich are insured or guaranteed by a federal or <br />stale qcncy (including Lender If Lender is ouch an institulion). Lender shall apply Ihe Funds to pay the escrow items. <br />Lender may not charge for holding and Ipplyin~ the Funds, analyzing lhc account or verifying the escrow items, unless <br />Lender pays Borrower inl....t on the Funds and applicable law permits Lender 10 mike .uch a charge. Borrower end <br />Lender may agree In writing that int....t sball be paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to be ~d, 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 orthe Funds showing credits and debit; to the Funds and the <br />purpose for which each debit to lbe Funds wss made. The Funds are pledged as additional security for Ihe sums secured by <br />this Security Instrument, <br />If the amount of1l1e Funds held by Lender, together with the future monthly payments of Funds peyable prior 10 <br />the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the elcess shall be. <br />at 8orJ\1wer's option, either promptly repaid to Borrower or credited to Borrower on monthly payments or FUl1ds. 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 fuU of all sums secured hy lhis Security Inslrument, Lender shall promptly refund 10 Borrower <br />any Funds held by Lender. Ifunder paragraph 191he Property is sold or acquired by Lender, Lender shaUapply, no Ialer <br />than immediately prior to the sale of the Propert)' 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, aU psyments received by Lender under <br />paragraphs I and 2 sball be applied: firs1, to late charges due under Ihe NOle; second, to prepaymenl charges due under the <br />Note; third, to amounts payable under paragraph 2; fourth. to interest due; and last, to principal due. <br />4. CIarpI; lieu.. Borrower shall pay aD taxes, assessments, charges. fines and impositions attributable to the <br />Property which may .ttaln priority. over this Security Instrument, and leasehold payments or ground rents, if any. <br />Borrower shall pay lbese obligations in the manner provided in paragraph 2, Dr if not paid in that manner. Borrower shall <br />pay them on time directly to Ihe person owed payment, Borrower sball promptly furnish to Lender all notices nf amounts <br />to be paid under lhis paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender <br />receipts evidencing lbe payments. <br />Borrower shall promptly discharge any lien which bas priority over this Security Instrumenl unless Borrower. Ca) <br />agrees in writing to the payment of the obligation secured by Ihellen in a manner acceptable to Lender; (b) contests in good <br />faith the lien by. or defends against enforcement oflbellen in, legal proceedings which in Ihe Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Propeny; 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 thaI any part of <br />the Property is subject to 8 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 />ofthc: giving of notice.. <br />5a Hazanl1DnraDce. Borrower shaD keep the improvements now existing or hereafter erected on the Property <br />insured againslloss by fire, hazards included wilbin Ihe tenn "exlended coverage" and any other hazards for which Lender <br />requires insurance. This insurance shaD be maintained in the amounts and for the periods that Lender requires. The <br />insurance carrier providing the insulllnce shall be chosen by Borrower suhject to Lender's approval which shall nol be <br />unreosonably withheld. <br />All insurance policies and renewals shall be acceptable 10 Lender and sball include a standard mortgage clause. <br />Lender sbaII have the right to hold !be policies and renewals. If Lender requires, Borrower shall promptly give 10 Lender <br />all rc:ccipti or paid premiums and rc:Dcwal notices. In tbe event of loss. Borrower shall give prompt notice to the insurance <br />carrier and Lender, Lender may make proof ofloss if nOI made promptly by Borrower. <br />Unless Lender and Borrower otberwise agree in writing. insurance proceeds shall be applied to restoration or repair <br />of the Property damaged, if lbe restoration Dr repair is economicaUy feasible and Lender's securily is not lessened. If lbe <br />restoration or repair is not economicaUy 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 Borrower. If <br />Borrower abandOn! the Property. or does not answer within 30 days a notice from Lender that the insurance carrier has <br />olFcmI to settle a claim, then Lender may collect the insurance proceeds. Lender may uselhe proceeds 10 repair or restore <br />the Property or to pay sum. secured by this Security Instrument. whether or nOI then due. The 3O-day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any applicalion of proceeds to principal sball 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 pangraph 19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to lbe Property prior to the acquisition sball pass 10 Lender 10 the extent of the sums secured by lhis SecurilY <br />Instrument immediately prior to the acquisition. <br />6. Praenatloa aad MaIntenance of ProJlCllr. Leueldda. Borrower shall not destroy. damage Dr suhstantially <br />cbanse the Property, allow the Property to deteriorate Dr commit wsste. If Ihis SecurilY Instrument is on a leasehold, <br />Bnrrowershall comply wilb lbe provisions oflhe 1..... and if Borrower acquires fee title 10 the Property. the leasehold and <br />fee title sbaII not merge unJcso Lender agrees 10 the merger in writing. <br />7. ProlecIion of Leader'I RiPts iD the Property; Mortpge lnaurance. If Borrower fails 10 perform lhe <br />covenants and agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affect <br />I.mder', risbts in the Property (such as a proceeding in bankruptcy. probate. for condemnation or to enforce laws or <br />regu1ations), then Lender may do and pay for whatever is n......ry to protect the value of the Propcny and Lender's rights <br />in the Prope:ny4 l.a1der', actions may include payina: any sums secured by 8 lien which has priority onr this Security <br />II11tru.mcnt.. appearing in court. payina: reasonable attorneys' fees and entering on the Property to make repairs. Although <br />Lender may take action under lbis paragraph 7. Lender does nol have 10 do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security Instrument. Uroess Borrower and Lender agree to other terms of payment, these amounts shall bear interest from <br />the date of disbunement at the Nole rale and shall be payable. wilh interest, upon nOlice from Lender 10 Borrower <br />requestin& payment. <br /> <br />T)t:' <br />