|
87- 100022
<br />UNWRM COWNANrS. Borrower and Lender covenant and agree as follows:
<br />I. F*w M of F I II I and inures; Prepayment W Late Charges. Borrower shall promptly pay when due the
<br />principal of and interest on the debt evidenced by the Note and any prepayment and bite charges due un &-r the Note.
<br />Z. Fouls tae Tom and Issntnaom. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to
<br />Lauder on the day monthly payments are due tmdtx the Note, until the Note is paid in full, a sum ( "Funds ") equal to one
<br />twelfth of., (a) yearly taxes mad aaeuments which may attain priority over this Security Instrument; (b) yearly esasebola
<br />payments or ground rents on the Property. if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance
<br />premiums, if any. These items are called —escrow items." Lender may estimate the Funds due on the basis of current data
<br />and reasonable estimates of future escrow- items.
<br />Thm Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or
<br />state a/ater (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender
<br />may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays
<br />Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in
<br />writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid,
<br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without
<br />charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to
<br />the Funds was made. The Funds are 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 the
<br />due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at
<br />Borrower's option, either promptly repaid to Borrower or credited on monthly payments of Funds. If the amount of the
<br />Funds he'd by Lender is not sufficient to pay the escrow items when due. Borrower shall pay to Lender any amount
<br />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 any
<br />Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than
<br />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. AMYeatbR of Payments. Unless 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; Lkn. 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. Borrower
<br />shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on
<br />time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under
<br />this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing the
<br />payments.
<br />i
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
<br />in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith
<br />the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent
<br />the enforcement of the lien of forfeiture of any put of the Property; or (c) secures from the holder of the lien an agreement
<br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is
<br />subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
<br />lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
<br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
<br />against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires
<br />insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
<br />providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.
<br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
<br />shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts
<br />of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and
<br />Lender. Leader 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 of
<br />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 sum 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 begin when
<br />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 payments. if
<br />under paragraph 19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting
<br />i
<br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
<br />Instrument immediately prior to the acquisition. I
<br />6. Pteservstlon and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change
<br />the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold. Borrower shall
<br />comply with the provisions of the lease. and if Borrower acquires fee title to the Property, the Ieasehold and fee title shall not
<br />merge unless Lender agrees to the merger in writing.
<br />7. Praeecilen of Leader's FJOU to the Property; Mortgage insarance. If Borrower fails to perform the covenants and
<br />agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in
<br />the Property (such as a proceeding in bankruptcy. probate, for condemnation or to enforce laws or regulations), then Lender
<br />may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's
<br />L actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court,
<br />paying reasonable attorney's fees and entering on the Property to make repairs Although Lender may take action under this
<br />paragraph 7 Lender does not have to do so Any amounts disbursed by Lender under this paragraph 7 shall become
<br />th,
<br />additional deM of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terms o!
<br />){j�it,7
<br />payment, these amounts shall bear interest from the date of disbursement at the Not�r�tiaa c payable, with mterrst,
<br />t
<br />upon trotter ftorn Lender to Borrower requeming payment
<br />
|