Laserfiche WebLink
1 <br />L <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 85- 00-3748 <br />I. Payment M Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the principal of and interest <br />on any Future Advances secured by this Deed of Trust. <br />I Roads fir Tam -and Instate nee. Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly installments of principal and interest are payable under the Note. until the Note is paid in full, <br />a sum (herein "Funds ") equal to one- twelfth of the yearly taxes and assessments which may attain priority over this <br />Deed of Trust, and ground reins on the Property, if any, plus one- twelfth of yearly premium installments for hazard insurance, <br />plus one - twelfth of yearly premium installments for mortgage insurance, if any, aii as reasonably estimated initially and from <br />time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. <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 said taxes, assessments. <br />insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account <br />or verifying and compiling said assessments and bills, unless fender pays Borrower interest on the Funds and applicable law <br />permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this <br />Deed of Trust that interest on the Funds shall be paid to Borrower. and unless such agreement is made or applicable law <br />requires such 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 a.zd 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 <br />by this Deed of Trust. <br />If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to <br />the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes. <br />assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either <br />promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds <br />held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due. <br />Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed <br />by Lender to Borrower requesting payment thereof. <br />Upon payment in full of all sums secured by this Deed of Trust. Lender shall promptly refund to Borrower any Funds <br />held by Lender. If under paragraph 1R hereof the Property is sold or the Property ;s otherwise acquired by Lender. Lender <br />shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by <br />Lender at the time of application as a credit against the sums secured by this Decd of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all paymems received by Lender under the <br />Note and paragraphs 1 and 2 hereof shall be applied b% Lender first in payment of amounts payable to Lender by Borrower <br />under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note. and then to interest and <br />principal on any Future Advances. <br />4. Charges; Liens. Borrower shall pay all taxes. assessments and other charges, fines and impositions attributable to <br />the Property which may attain a priority over this Deed of Trust. and leasehold payments or ground rents. if any. in the <br />manner provided under paragraph 2 hereof or. if not paid in such manner, by Borrower making payment, when due, directly <br />to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the <br />event Borrower shall make payment directly. Borrower shall promptly furnish to Lender receipts evidencing such payments. <br />Borrower shall promptly discharge any lien which has priority over this Deed of Trust: provided, that Borrower shall not he <br />required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by <br />such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in. <br />legal pproceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <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 such other hazards as Lender may require <br />and in such amounts and for such periods as Lender may require; provided. that Lender shall not require that the amount of <br />such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender. provided. <br />that such approval shall not be unreasonably withheld. All premiums on insurance policies shall he paid in the manner <br />provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due. directly to the <br />insurance carrier. <br />All insurance policies and renewals thereof shall he in form acceptable to Lender and shall include a standard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss. <br />Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall he applied to restoration or repair of <br />the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust n <br />not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would <br />be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust. with the excess, if anv, paid <br />to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the <br />date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender <br />is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Propem <br />or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs I and , hereof or change the amount of <br />such installments. If under paragraph Is hereof the Property is acquired by Lender all right, title and interest of Borrower <br />in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale <br />or acquisition shall pass to Lender to the extent of the .,ums secured by this Deed of Trust immediately prior to such sale or <br />acquisition, <br />IL PreservaWn and Maintenance of Property; Leaseholds; C • Planned Unit Developments. Borrower <br />shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of he Property <br />and shall comply with the provisions of any lease if this Deed of Trust is on a leaschold. If this Deed of Trust is on 'i ;at in a <br />condominium or a planm-d unit development, Borrower shall perform all of Borrower's obligations under the declaration <br />or covenants creating or governing the condominium or planned unit development, the'hy -laws and regulations of the <br />condominium or planned unit development, and constituent documents. If a condominium or planned unit development <br />rider is executed by Borrower and recorded together with this Deed of 'I rust. the covenants and agreements of such rider <br />shall be incorporated into and shall amend and supplement the covenants and agreements of ibis Deed of Trust as if the rider <br />were a part hereof. <br />7. Preftedsn of Leader's Security. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Tryst, or if any action or proceeding is commenced which materially affects Lender's interest in the Property. <br />including, but not limited to, eminent domain, insolvency, code enforcement, or a rangements or proceedings involving a <br />bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such <br />sums and take such action as is necessary to protect Lender's interest, including, but not limited to, dishursemetil of <br />reasonable attorney's fees and entry upon the Property to make repairs. If bender required mortgage insurance as a <br />condition of making the loan secured by this Deed of Trust. Borrower shall pay the premiums required to maintain such <br />insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />mauler provided tender panWraph 2 hereof. <br />Any amounts disbursed by lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and !.ender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest <br />at such rant would be contrary to applicable law, in which event such amounts shall hear interest at the highest rate <br />permissible tinder applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />S. Inspection. fender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Prouerty. <br />W <br />