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<br />200801133 <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby convcycd and has thc right to <br />!,'Tant and convey the Property and that the Property is unencumbered, except for encumbrances of record. <br />Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to <br />any encumbrances ofrecord. <br /> <br />Borrower and Lender covenant and agree as follows: <br /> <br />Payment of Principal and Interest; Other Charges. Borrower shall promptly pay when due the principal of and <br />interest on the debt owed under the Contract and late charges or any other fees and charges due under the Contract. <br /> <br />Applicable Law. As used in this Security Instrument, the term "Applicable Law" shall mean all controlling <br />applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have <br />the effect oflaw) as well as all applicable final, non-appealable judicial opinions. <br /> <br />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 n:nts, if any. <br />At the request of Lcnder, Borrower shall promptly furnish to Lender receipts evidencing the payments. <br /> <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 acccptable to Lcnder; (b) <br />contests in good faith the lien by, or defcnds against cnforccmcnt of thc lien in, legal proceedings which in the <br />Lender's opinion operate to prevent the enforcement of the lien; or (c) securcs from thc holdcr of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrumcnt. If Lcnder determines that any <br />part of the Property is subject to a lien which may attain priority over this Security Instrumcnt, Lcnder may givc <br />Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set ftnih <br />above within 10 days of the giving of notice. <br /> <br />Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the <br />Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, <br />including floods or flooding, for which Lender requires insurance. This insurancc shall be maintained in the <br />amounts and for the periods that Lender rcquires. Thc insurance carrier providing the insurance shall be chosen by <br />Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain <br />eoverage deseribed above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the <br />Property in accordance with section titled Protection of Lender's Rights in the Property. <br /> <br />All insurance policies and renewals shall be acceptable to Lender and shall includc a standard mortgage clause. <br />Lendcr shall have thl: right to hold the policies and rWl:wals. If Ll:nder requires, Borrower shall promptly give to <br />Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall givc prompt notice <br />to the insurance earrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. <br /> <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not <br />lessened. If the restoration or repair is not economically feasible or Lendds security would bl: lessl:l1ed, the <br />insurance proceeds shall be applied to the sums secured by this Sceurity Instrument, whether or not then due, with <br />any excess paid to Borrower. If Borrower abandons the Property, or does not answer within the number of days <br />prescribed by Applicable Law as set forth in a notiCI: from Lender to Borrower that thl: insurance carrier has <br />offered to settle a e1aim, then Ll:nder may collect thc insurance proceeds. Lender may use the procceds to repair or <br />restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The period of <br />time for Borrower to answer as set forth in the notice will bcgin whcn the noticc is givcn. <br /> <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not I:xtcnd <br />or postpone the due date of the payments due under the Contract or change the amount of the payments. If under <br />the section titled Acceleration; Remedies, the Property is acquircd by Lcnder, Borrower's right to any insurance <br />policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the <br />extent of the sums secured by this Security Instrumcnt immediately prior to the acquisition. <br /> <br />C> 2004.2007 Copyright eompli.I>ce Syst.no;, 11>0. SC'!C-OllI'O - 2007.01.201 <br />Consumer Real Estate. Security Instrument DL2036 <br /> <br />Page 2 on <br /> <br />www. !::~)lTIrli,HI(;e~ ysklll$.cnm <br />800.'!6S-S522 - Fax 616-'!56-1~6~ <br />