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<br />I <br /> <br />84 -002826 <br /> <br />r <br /> <br />UNIFORM COVENANTS Borrower and Lender covenant and agree as follows, <br />I. Payment of Principal and Interest; Prepayment and Late Charges, Borrower shall promptly pay when due <br />Ihe 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 Insuranee, 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 tl,e 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 />leasehol!l 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 hems," Lender may estimate the Funds due on the <br />basis of current 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 />Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, ulll~ <br />Lender pays Borrower interest on the Funds and applicable law pennits 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 sunissecuredby <br />this Security Instrument, <br />If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable priQrto <br />the due dates of the escrow items, shall exceed the amount required to pay the escrow ilems when due, the excess shall be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of F'und$,Ifthe' <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 refu"dtoB<>rt'o~er <br />any Funds held by Lender. If under paragraph I 9 the Property is sold or acquired by Lender, Lender shalla"ply:no4a~ <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lendetatthe'tiJnr;-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 <Ilodei': <br />paragraphs I and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due lIDderthe <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 attribul!lblelO tbe.. <br />Property which may attain pnority over this Security Instrument, and leasehold payments or ground. rents.)f IIl!Y: <br />Borrower shall pay these obligations in the manner provided in paragraph 2. or ifnot paid in that manner,Bprrower.,sh\Jll. <br />pay them on time directly to the person owed payment, Borrower shall promptly furnish to Lender all noticesofamoJllits. <br />to be paid under this paragraph, If Borrower makes these payments direc'ly, Borrower shall promptly furnish.toLender <br />receipts evidencing Ihe payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; <br />faith the lien by, or defends against enforcement of the lien in, legal. proceedings which in the Lender's <br />prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument, <br />the Property is subject to a lien which may auain priority over this Security Instrument,. Lender <br />notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actionssetfortb <br />of the giving of notice, <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereaftererected'on.theP~y; <br />insured against loss by fire, hazards included within the term "extended coverage" and any other bazards fot,whiclIl.cmc:!e~ <br />requires insurance, This insurance shall be maintained in the amounts and for tbe periods that Lender requires,The <br />insurance carrier providing Ibe insurance shall be chosen by Borrower subject to Lender's approval which. shalIJ10.t,1le' . <br />unreasonably withheld, <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgaae:clau5(e< <br />Lender shall bave the right to hold the policies and renewals, If Lender requires, Borrowersball.promptly;gi'(e't6~~ . <br />all receipts of paid premiums and renewal notices, In the event of loss, Borrowersball give prompt noticeto,tbeillS!lr~ <br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower, <br />Unless under and Borrower otherwise agree in writing, insurance proceeds Sballbe.appliedJorestot;ati~n:or'~r' <br />of the Property damaged, if the restoration or repair is economically feasible and Lender's security is notlessenl!!:!dfth.e, <br />restoration or repair .s nol economically feasible or Lender's security would be lessened, theinsurane<> PtQCeeds.sjlaltbe <br />applied to the sums secured by this Security Instrument, whether or not then d"ej with "ny exeessJl8id.lo\llOrtoll/er,.lf <br />Borrower abandons Ihe Property, or does not answer witbin 30 days a notice from Lender that theinsut;anceCarrierbas <br />offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair. or restore <br />Ihe Property or to pay sums secured by this Security Inslrument, whether or not then due, The 3D-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 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 />from damage to the Propeny prior to the acquisition shall pass to Lender to the extent of the sums secured by this Securily <br />Instrument immediately prior to the acquisition. <br />6, Preservation and Maintenance of Property; 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 compl)' with the provisions of the lease, 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 Ihe Property; Mortgage Insurance. If Borrower fails to perfonn the <br />co~'enants ~nd a~reemenls cOiltained in this Security Instrument, or Ihere is a iegal proceeding that may significantly affect <br />Lender's nghts m the Propert)' (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or <br />regulations), lhen Lender may do and pa)' for whalever is necessary to protect the value of the Property and Lender's rights <br />in the Propeny. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Instrument, appearing in court, paymg reasonable attorneys' fees and enlering on the Property to make repairs, Although <br />Lender 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 becomc addItional debt of Borrower secured by thIS <br />Security Instrument. Unless Borrower and Lender agree 10 other terms of payment. these amounts shall bear interest from <br />the date of disbursement at the Note rate and shalt be payable. WIth interest, upon notlCe from Lender to Borrower <br />reques,ing payment. <br /> <br /> <br />L <br />