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r <br />1 <br />85-.. 00446'7 <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay 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 />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 <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 eurrent 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 />Leader 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 Im. <br />at Borrower,. 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 mace 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. 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 ? 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 payments 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 />' <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender: (h) contests in goal <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 (c) secures from the holder of the lien an <br />agreement satisfactory to Lcnder subordinating the lien to this Security Instrument. if Lender determines that any part of <br />A' <br />the Property is subject to a lien which may attain priority over this Security Instrument. Lender may give l3orrower 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. Hamel lusurtaace. Borrower shall keep the improvements now existing or hereafter erected ou 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 licit he <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. U Lender requires, Borrower shall promptly give 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 />Unit-.% 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 Icssened. 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 Linder 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 <br />when the notice is given. <br />UnL-% Leader 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 1 and 2 or change the amount of the payments. If <br />under paragraph 19 the Properly is acquired by Lender, Borrower's right to any insurance policies and pr teed% resulting <br />from damage to the Property prior to the acquisition shall pass Ill Lender to the extent of the sums secured by this Secut ity <br />Instrument immediately prior to the acquisition. <br />i. Praserration tad Maintenance of Property; Leascholds. Borrower shall lint dcwtrnsy. damage or substantially <br />change the Properly, allow the Property to deteriorate or commit waste. If ton Security. Instrument is on a leasehold. <br />Borrower shall comply with the provisionsof the lease. and if Horrowrr acquires fro title to the 11roperts. the leasehold and <br />fec tills shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights In the Property; Mortgage Insurance. 11 Borrower fi ils to perform the <br />covenanlsand agreements contained in this Security Instrument, or there is a legal proceeding that may stgmficaotly affect <br />Leader's rights in the Property (such as a proceeding in bankruptcy, probate, for condenmat)on of to caforcc laws or <br />regulations), then Lender may doand pay for whatever is necchsar) to protect the salue of the Prolkrty, and Lenders rights <br />in the Property, Lemlcr's actions may include paying any sums secured by a lien which h:a priority over this Sr.urity <br />instrument. appearing in court, paying reasonable attorneys' fees and entering on the Property to make rcp;nrs. Although <br />Lender may take action under this paragraph 7, Lcnder does not has a to do so. <br />Any amounts disbursed by lender under Ihis paragraph 7 shall become a thiicnal deft of Borrower secured by this <br />Security instrument. Unless Borrower and Lender agree to other terms of pavnumt. these am,7unn shill) heal nucrcst h om <br />the date of disbursement at the Noic rate and shn11 be payahle. Koh intcrcst, upon memo fnvn i endo w I10110a`r <br />t� <br />requesting payment. <br />clt <br />