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<br />-, <br /> <br />UNII (lRM Ol\'ltNAN1S Unrrowcr and I.cnder c(wcnnnl Dlld IIgre!: U~ ((1110\\1": 38- 106727 <br />. 'I. P.)'m~nt or Principal and Interest; Prepayment and Latc ChDn~CS. norrower "hull prnmrtl>' pll)' whell due <br />the prinL"iJlIII nfllnd inlcrcM on the deht evidenced boy the NllIc and any prcpllymcnl nlld Itne chnrg..:" due umJcr the Nole. <br />2. Funds forTa1.tslnd Insurance. Subject 10 nppllcllhlc IlIw or 10 II wrillcn wDiver hy Lender. Bnrrower ..Imll puy <br />10 lender on the da~' monthly pa)'mC:n1~ arc due under Ihe NOle. u"IHlhe Nole is puid ill full, II sum ("Funds") cCjulllln <br />omHwelrth of: (0) yearly laxC!i nnd asscssments which may IIl1lli" priority over ll1iN Sccurily Instrument: (h) yeurly <br />leasehold payments or ground rents on the Property, if nny; (e) yeurl)' hOlurd insurancc premiums: and (d) yearly <br />mongage insurance premiums, if any. Thcse ilems are called "escrow hems." Lender may estimate the Funds due on the <br />basis afeurren1 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 />slnte ogency (including Lender If Lender is such an institution). lender shall opply the Funds to pay the escrow Items. <br />Lender may n~t charge fnr holding and applying the Funds, analyzing the account or verifying the escrow items, unless <br />Lender pays Borrower interest on the Funds and applicable law pennilS Lender 10 make such a charge. A charge asscssed <br />by Lender in connection with Borrower's entering into thili Security Instrument to pay the cost of an Independent taX reJXlrting <br />service shall not be a charge for purposes of the preceding sentence. Borrower and Lender may agree in writing that interest <br />sho.ll be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not <br />be required to pay Borrower any interest or earnings on the Funds. Lender shall give to BOiTower, without charge, an <br />annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds <br />was made. The Funds arc pledged as additional security for the sums secured by 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 the 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 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 paymem 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. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs I and 2 shall be ~pplied: first, to Jate charges due under the Note; second, to prepayment charges due under the <br />NOle; third, to amounts payabJe 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 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 manner provided in paragraph 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 this 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 the obligation secured by the lien 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 Propertjl; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any part of <br />the Propeny is subject to a lien which may attain priority aver 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 sel forth above wilhin 10 days <br />of the giving of notice. <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, 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 nol 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 hoJd the policies and renewals. If Lender requiresl Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices. In the event onoss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. lender may make proof ofloss ifnot 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 tbe restoration or repair is economically feasible and Leader's security is nntlessened. If lhe <br />restoration or repair is not economically feasible or Lender.s security wouJd 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 thot the insurance carrier has <br />offered to settle a claim, then Lender may coUect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Propeny or to pay sums secured by this Security Instrument, whether or not then due. The 3D-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 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 payment~. If <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to Rny insurance policies and proceed~ resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent oftbe sums secured by Ihi~ Security <br />Instrument immediately prior to the acquisition. <br />6. Presenation and Maintenance or Property; Leaseholds. Borrower shall not deslroy, 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 shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold nud <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protection or Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significanlly affect <br />Lender's rights in the propeny (such as a proceedicg in bankruptcy, probate. for condemnation or to enforce laws or <br />regulations). then Lender may do and pay for whatever is necessary to protect the value oflhe Property and Lender's rights <br />in the Property. lender's actions may incJude paying any sums secured by a lien which has priority O\'cr this Security <br />Instrument. appearing in court, paying reasonable attorneys' fees and entering on the Properly to make repairs. Allhaugh <br />Lender may take action under this paragraph 7, lender docs not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower sL"Cured by this <br />SecurilY Instrumenl. Unless Borrower and Lender agree to other lenns of payment, Ihese amounts shall hear inlcrest from <br />the date of disbursement 01 the Note rale and shaH be payable. with interest. upon notice from Lender III Borrower <br />'fequesting payment. <br /> <br />If lender required monguge llIsurancc us B ~(}ndilion of makmg the loall secured by this Securily lnslrumelll. <br />Borro.....er ..h:tll pa)' the prenllunt!o required to maintain the insurance in etfccl unlit !tuch lime a~ the requirc:mclIl fur the <br />in!ourancc lernnnl\le" In aCL"'lrdance ",lIh Borrower's and Lender'or, wrillen agreemenl or applicable law <br />8. In'lpttllon. under or Itli agent may make reasonllble enrries upon llJld inspections of the ltroperl) I,endcr <br />..hal1l!l~'e l!urru.'er nnlu:e allhe lime of Of prior 10 an inspection specifying rc:asonablccausc fnr the II1sJlC"tinn <br />