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86, 107538 <br />UNIFORM COVENANTS Borrower and Lender covenant and agree as follows. <br />due <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when <br />the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, 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 j <br />leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums: and (d) yearly <br />t <br />mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Fun Js due on the <br />basis of current data and reasonable estimates of future escrow items. <br />by federal or <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed a <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 `tall 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 />�c <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 />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. finless applicable law provides otherwise, all payments received by Lender under <br />paragraphs 1 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 />JO <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 air 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 hen 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 Propert y; 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 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 satisfy the lien or take one or more of the actions set forth above within 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 not 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 hold the policies and renewals. If Lender requires, Borrower shall promptly grvc to Lender <br />all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss 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 he <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 />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 by this Security Instrument. whether or not then due The 30-day period will hegira <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 pay meni, If <br />under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent oft he sums secured by thn Secunty <br />Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substanttally <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 )ease. 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. Protection of 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 mas significantly affect <br />Lender's rights to the Property (such as a proceeding in bankruptcy, probate. for condemnation or In enforce laws or <br />regurattons). then Lender may do and pay for whatever is necessary to protect the s alue of the Property and Lender's right, <br />in the Property Lender's actions may include paying any sums secured by a hen which has pnonty o>,er iht, Se unt, <br />instrument. appearing in court, paying reasonable attorneys' fees and entering on the Property to make repair, Vth,•ugh <br />Lender may take action under this paragraph ". Lender does not hase to do so <br />Any amounts disbursed by Lender under this paragraph " shall become additional debt of Borrower ,cc uted h, ;!ii, <br />Security instrument t?nless Borrower and Lender agree to other terms of payment, these amount, ,hail hear intern' ir, r, <br />the date of dishursement at the Note rate and ,hall he pasahle, with iniere,t. up.ln nonce from Lender :. Ii —, wr- <br />requesnng payment <br />< <br />