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201102�72 <br />and sell the Property; and to take any action required of Lender including, but not lnnited to, releasing or canceling <br />this Security Instrument. <br />BORROLVER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />grant and convey the Property and that the Property is uncncumbered, except for encumbrances of record. Borrower <br />warrants and will defend generally the title to the Property against all ciaixns and demands, subject to any <br />encumbrances of record. <br />THIS SECURITY INSTRLJMENT combines uniform covenants for national use and non-uniform covenants with <br />limited vaziations by jurisdiction to constitute a uniform security instrument covering real property. <br />UNIFORM COVETIANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and <br />interest on, the debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly <br />payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and <br />special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the <br />Property, and (c) premiums for insurance required under pazagraph 4. In any year in which the Lender must pay a <br />mortgage insarance premium to the Secretary of Housing and Urban Development (" Secretary"), or in any yeaz in <br />which such premium wouid have been required if Lender still held the Security Instrument, each monthly payment <br />shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, <br />or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, <br />in a reasonable amount to be determined by the Secretazy. Except for the monthiy charge by the Secretary, khese items <br />are called "Escrow Items" and the sums paid to Lender aze called "Escrow Funds." <br />Lender xnay, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedwes <br />Act of 1974, 12 U. S.C. §2601 et sea. and implementing regulations, 24 CFR Part 3500, as they may be amended <br />from tune to time ("RESPA"), except that the cushion or reserve pernutted by RESPA for unanticipated disbursements <br />or disbursements befote the Bonower's payments are available in the account may not be based on amounts due for <br />the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Itexns exceed the amounts pernvtted to be held by RESPA, Lender shall <br />account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time <br />are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make <br />up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional securiry for all sums secured by this Security Instrument. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower' s account shall be credited with the balance <br />remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has <br />not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be <br />credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. AIl payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />FIRST, to the mortgage insurance pramium to be paid by Lender to the Secretary or to the monthly chazge by <br />the Secretary instead of the monthly mortgage insurance premium; <br />SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard <br />insurance premiums, as required; <br />THIRD to interest due under the Note; <br />FOURTfI, to amortizarion of the principal of the Note; and <br />FIFTA, to late charges due under the Note. <br />4. Fire, F'lood and Other Hazard Insurance. Bonower shall insure all anprovements on the Property, <br />whether now in existence or subsequently erected, against any hazards, casualries, and contiagencies, including fire, <br />for which Lender requires insurance. Ttris insurance shall be maintained in the amounts and for the periods that <br />Lender requires. Borrower shatl also insure a11 improvements on the Property, whether now in e�cistence or <br />subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be cazried with <br />companiea approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include <br />loss payable clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate norice by mail. Lender may make proof of loss if not <br />made promptly by Borrower. Each insurance company concemed is hereby authorized and directed to make payment <br />for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance <br />proceeds may be applied by Lender, at its oprion, either (a) to the reduction of the indebtedness under the Note and <br />this Security Instrument, first to any delinquent amounts applied in the order in pazagraph 3, and then to prepayment <br />of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the <br />principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or <br />change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding <br />indebtedness under the Note and this Security Inshument shall be paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the <br />indebtadnass, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use the Property as Bonower's principal residence within sixty <br />days after the execurion of this Security Instrument (or within sixty days of a later sale or transfer of the Property) <br />Borrower Initials: <br />TRUST - MERS <br />Page 2 of 7 <br />il i II I III I II Ii I IIhIII I I N I I II I N ll l i i l l l ll l i lill l li ill <br />__ vocixag�c � <br />www.docmagic.com <br />E r k-� �€' t I F t 4 <br />t i f i.il ir t F( i rin� u <br />E4tt��.:�t[F.�"�irokFilBEVi «li�i{6 ll.Ctl[ <br />