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86_. 104907 <br />UNWORM CO%ENANTS Borrower and Lender covenant and agree a, follows: <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly par when due <br />the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />?, Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by I ender. Borrower shall pay <br />to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") equal to <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, if any. 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 are insured or guaranteed by a federal or <br />state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lender may not charge for 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 permits Lender to make such a charge. Borrower and <br />Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />requires interest to be paid, 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 of the Funds showing credits and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by <br />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 payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />anv 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 applied: first, to late charges due under the Note; second. 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 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 paymcots 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 Property; or (cl secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Secunty Instrument. If lender determines that any part of <br />the 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 sansfy the lien or take one or more of the actions set forth above within 10 days <br />of the giving of nonce. <br />5. 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 tamer 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 ,hail be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and rcnewxis- if Lender requires,_ Borrower shall promptly give to Lender <br />all receipts of paid premiums and rear -al ponces. In the event of loss, Borrower shall give prompt notice to the insurances <br />vainer and Lender. Lender may make proof'of Ions if not 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 the restoration or repair is economically feasible 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 M 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 />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 Si 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 application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and'_ or change the amount of the payments If <br />under paragraph i Q the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds re.,UInng <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by the. Security <br />Instrument immediaiely prior to the acquisition <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not dcsiro %. damage or substantially <br />change the Property, allow the Proticrty to deteriorate or commit waste If this Security instrument is on a leasehold_ <br />Borrower shall compiy with the provisions of the lease. and if Borrower acquires fee title to the Property. the ieasehoid and <br />- fee title shall not merge unless Lender agrees to the merger in writing. <br />;. Protection of Lenders Rights in the Property; Mortgage Insurance. if Borrower falls to perfi rr the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may sigiuficanily affect <br />Lender's rights in the Property (such as a proceeding to bankruptcy. probate, for condemnation or to enforce laws of <br />regulaucros). 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 paving any sums secured by alien which has priority over this Security <br />Inutun,ent. appearing in court, paying reasonable attorneys' fees and entering on the Property to make repatrs Although <br />lender rri- cake aci itm under ihis paragraph 7. Lender does not have to do s <br />An: are, utnts disbursed br Lender under this paragraph 7 shall become additional debt of Borro+ cr secured try this <br />`wa,alrnt, Ir.-.tr5nncnt 1. :rile.v, and Lender agree to othet term, of paymeni, these amounts shall tear ouetesr to=m <br />the danr , >t oisburrcmeni at the Vote rate and shall be payable. with ancresi, upon notice from I Coder to horn—'r <br />re4ui tiriyIsarmerit <br />