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85- 0064t317 <br />UNiFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />I Payment of Principal and Inter Prepayment and Late C%arges. Borrower shall promptly pay when due <br />the principal of and interest on the debt evidenced by the Noteand any prepayment and late charges due under the Note. <br />2. Fainds fit• Tases snd ivas trainim 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 />' <br />one- tweiRh of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly <br />kasehold payments or around rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly <br />mortgage' insurance premiums, if any. These 'item are called "escrow items." Lender may estimate the Funds due on the <br />basis of current dataand 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 />statile 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 />Leader nay 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 pledgee' 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 data 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 makeup the deficiency in one or more payments as required by Lender. <br />Upon payment in foil 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. Apple aatinn of Payments. Unless applicable taw 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. CbarVs; Liens. Borrower Shall pay all taxes, assessments, charges, fines a A impositions attributable to the <br />Property which may attain priority cvc-,- 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 payments directly, Borrower shall promptly furnish to Lender <br />receipts evidencing the payments. <br />' <br />Bormwtr 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 Lenders opinion operate to <br />y. <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 Lender subordinating the lien to this Security Instrument. if Lender determines that any part of <br />;. <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 1 0 days <br />of the giving of notice. <br />_ <br />3. Hazard Iaaarance. 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 shalt promptly give to lender <br />all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall gyve prompt notice to the insurance <br />Lender. <br />carrier and 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 stuns 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 <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 1 and 2 or change the amount of the payments. If <br />under paragraph 14 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 t he extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Preservation tai Mainteunce of Pro",; Leaseholds. Borrower shall not destroy, damage or substantially <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 lease, and if Borrower acquires fee title to the Properly, the leasehold and <br />fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protectimt of Leader'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 may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or <br />regulations). then Leader may do and pay for whatever is necessary ui protect the value of the property and lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this SecuniN <br />Instrument, appearing in court, paying reasonable attorneys' fees and entering on the 1'roperip to make rel+airs Although <br />Leader may take action under this paragraph 7, Lender does not have to do so <br />Any amounts disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security Instrument Unk- -% Borrower and Lender agree to other terms of payment• these amounrs. hall N-At interest from <br />the date of disbursement at the Nrrtc rate and sha11 he payable• with mierect, upon rioncc from t ender io liorn>wer <br />requeWM9 pa lymem. <br />I <br />