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<br />r <br /> <br />84,- <br /> <br />004473 <br /> <br />r <br /> <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge, Bqrro\Verand <br />Lender may agree in writing tha.t intereSt shall be paid en the Funds. Unless an 'agree~ent is made (jr,..appli~b;I_~:J:a_~' <br />requires interest to be paid, . Lender shall not be required to pay Borrower any interest or earnings onth~ FUJ1dS,:Ll;~der, <br />shall give to Borrower, without charge, an annual aecountingofthe Funds showing credits anddebits to theFun~sandth~' <br />purpose for which each dehit to the Funds was made, The FundS are pledged as additional security for the suinssecUred1:lY <br />this Security Instrument, . .. . .,' .... ..... ...'<.. <br />If the amount of the Funds held by Lender, together with the futuremonthJypaytpentsofFun~payabIe,p~i:lr:tc:\ <br />the due dates of the escrow items. shall exceed the amount requir~ to pay the escrow items when-du~;;:t_h~~~::~~s~:~_~~~:~r~ <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower onmo!lthIy paYmentsllf:F~~t\,S/l.ft!t~,. <br />amount of the Funds held by Lender is not sufficient to pay the escrow items when due,BorrowershalIpay.to{-ertil~illhY <br />amount necessary to make up the deficiency in one or more payments as requiredby Lender; . ....... . .... ..... ..... ...... <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall prompdyrefundtoB()tT"lw'el <br />any Funds held by Lender, If under paragraph 19 the Property is sold or acquired by Lender, Lendersha11appIY;'1101~ter, <br />than immediately prior to the sale of the Property or its acquisilion by Lender, any Fundsheldby Lenderaqhe:titneof <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 Lendetunder( . <br />paragraphs I and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges dueundefthe <br />Note; third, 10 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 groundrents,ifany, <br />Borrower shall pay Ihese obligalions in the manner provided in paragraph 2, or if not paid in thai manner; Borrowersha,ll <br />pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender aHnoticesofam,oun:ts <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 />agrees in writing to the payment of the obligation secured by the lien in a mar-,er ac;:eptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal proceed', ~s which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the' .:J'_n.., 0r (c) secures from Ihe 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 />"the Properry is 5ubj~t to a lien which may atrairl priority Over {his Security InstrumerH, Lender rOilY 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 10 days <br />of the giving of notice, <br />5. Hazard Insurance, Borrower shall keep the improvements now existing or hereafler erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage" and any other hu<:ards 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 subjecl to Lender's approval which shall not be <br />unreasonably withhe1d, <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause, <br />Lender shall have the right 10 hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender <br />all receipts of paid premiums and renewal notices, In the evenl of loss, Borrower shall gIve prompt notice to the insurance <br />carrier and Lender. Lender may make proof of loss if nol 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 economicaUy 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 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, Ihen 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 Secunty Instrument, whether or not then due, The 30-day period will begin <br />when Ihe notice is given. <br />Unless Lender and Borrower mherwise 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 resulling <br />from damage to the Property prior to the acquisition shall pass to Lender to tlie extent oflhe sums secured by this Security <br />Instrument immediately prior to the acquisiuon, <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 was Ie, If this Security Instrument IS on a leasehold, <br />Borrower shall comply with the pro\'isions oflhe lease, and if Borrower acquires fee titk 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 the Property; :\tortgage 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 righls in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or <br />regulations), then Lender may do and pay for whatel'er is necessary to 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 ol'er this Security <br />Inslrument. appearing in court, paying reasonable attorneys' fees and entering 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 become addlllonal debt of Borrower secured by IhlS <br />Security InslrUment, Unless Borrower and Lender agree to other terms ofpaymem, these amounts shall bear interest from <br />the date of disbursement at the :-late rate and shal! be payable, with mteresl. "pon notice from Lender to Rorrower <br />requestmg payment, <br />If Lender required mortgage insurance as a condition of mak.mg the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and lender's writlen agreement or applicable law, <br />8. Inspection, Lender or ils agent may make reasonable entries upon and inspections of the Property, Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, <br />9, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnatlon, are hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied 10 the sums secured by this Secunty <br />Instrument, whether or nOI then due. with any excess paid to Borrower, In the event of a Pllrtial takmg of the Property, <br />unless Borrower and Lender otherwise agree in wnting, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceec~ multiplied by the following fraction: (a) the total amount of the sums secured llTlmedllltely <br />before the taking, divided by (b) the fair market value of the Property Immediately before the rakmg Any balance shall be <br />paid to Borrower. <br /> <br /> <br />I <br />I <br /> <br />L <br />