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HomeMy WebLinkAbout0951 UNIFORM COVENANTS. Borcc~wer and Lende~ covenant arxi ag~ee as foiluw~: 1. P~tynkat o[ Pripclptl a~d laterest; Pre{wymtat and I.~tt Charges. Borrower shall promptly pay w•h~n ~ue ttr;, prisicipa! ~~rtr~st an the debt evidencal by the Note and any prepayment and late charges upder the Nq~e:~ . 2. Funds for Taxts and [awranes. Subject to appiicable law or to a written waive~ by' ncier, Borrower shall pay to Lender on the day monthly payments are due under the Note. until the Nae is paid in full, a sum ('~u~i~'~~equal to ~v~reifih of: (al yearly taxes and assessments which may attain priority ove~ this Security tnstrument; (b) ycariy leaseho~d payments or ground rents on the Property, if any; (c) yearly twzard insurance pnemiums; and (d) yearly mortgage insurance premiums, if any. These items are called "es+crow items." L.ender may estimate the Funds due on the basis of currcot data sod reasonable estimates of future escrow items. The Funds shall be heid ~n an ii~iiution the deposits or accounts of which are insured or guaranteed by a federai or state agency ~ (including Lxnder if i.rnder is such an institution). L.ender shall apply the Funds to pay the escrow items. l.ender may not charge for holding and applying the Furxis. an~lyzing :he accwnt or verifying the escrow items, unless l.ender pays Bor~ower interest on the Funds and applicable law permits L,tnder to make such a ct~rge. Barcower and I.ender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicabk law requires intercst to be paid, Lender shall not be requircd to ~ pay Borrower any intereu or earnings on the Funds. l,ender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Fund~ and the purpose fo~ which each debit to the Funds was made. The Funds are pledged ~ as additional security for the sums secured by this Security Instrumertt. ~ lf the amount of tt~e Funds f~eld by I,ender, together with the future monthly paymtnts of Funds payable prio~ to the due dates of the escrow items, shall exce~:: ~~~~ired to pay the escrow items when due, the excess shall be, at Borrower's option, ~ either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. tf the amcwnt of the Funds held by Lender ~ i~ not sufficient to pay the escrow items when due, Borrower shatl pay to Lender any amount necessary to make up the de~ciency in one or more payments as required by L.ender. + ' Upon payment in full of ali sums secured by this Security Instrument, L.ender shall promptly refund to Borrower any Funds d held by I,ender. If urxkr paragraph 19 the Property is sold or acquired by I.ender, Lender shall apply, no later than immediately ~ prior to the sale of the Property or its acquisitiun by Lender, any Funds held by l,ender at the time of application as a credit against the sums secured by this Security lnstrument. 3. Applieatbn of Paymeats. Unless applicable law provides otherwise, aii payments received by Lender under paragraphs 1 and 2 should be applied: first to amounts payable under paragraph 2; second to interest; and last to principal. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Propeny which may attain priority over this Security Instnrment, and leasehold payments or ground rents, if any. Borrower shall pay thP~? ~±~!a~tinnc in the manner provided in paragraph 2, or if not paid in that manner, Borrower sha(I pay them on time directly to the person owed ~ paycr~nt. Borrower shall promptly furnish to I.ender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directty. Borrower shall promptty furnish to l.ender receipts evidencing the paymems. Borrower shall promptly,dis~ttarge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligatioR secured by the lien in a manner acceptable to Lender. (b) ~ontests in good faith the lien by, or defends against enforcement of the lien i~, lega! proceedings which in the I.ender's opinion operate to prevent the enforcement of the lie~s or fQrfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender - ~ubordinating the lien to th~~ ~r!l~isy Instrument. If C,ender determines that any part of the Propert; is suhjP~t ?n a lien which may ; : attain priority over this Security Instrument, Lender may give Borrower a~iotice_identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of tfiie giving of notice. . ~ 5. Hazard tnsurance. Borrower sh~ll keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards inctuded within the term "eztended coverage" and any other hazards for which Lender requires insurance. This insurance shati be maintained in the amounis and for the periods that l.ender requires. The insurance carrier providing the insurance .hall be chosert by Borrower subject to Lender's approval which shall not be unreasonably withheld. Al! insurance policies and renewals shalt be acceptable to L,ender and shall include a standard mortgage c~ause. i.enaer snaii ~ have the right to hold the policies and renewals. If L.eoder requires. Borrower shalt promptly give to Lender a11 receipts of paid premiums and renewal notices. In the event of loss, $orrower shall give prompt notice to the insurance carrier and Lender. L.ender may make i proof of loss if not made promptly by Borrower. ~ Unless L.ender and Borrower otherwise agree in writing, insurance proceeds shall be apptied ta resroration or repair of the Pro- perty damaged, if the restoration or repair is economicatly feasible and i.ender's serurity ~s not lesserted. If ihe restoration or repair is not economically feasibie or Lender's sccurity would be lessened, the iruurance proreeds shal! be applied to the sums secured by this Security Instrument, whether or oot ihen due, with any excxss paid to Borrower. If Borrower abandons the Property, or dces na answer within 30 days a notice from L.ender that the insurance carrier has offered to settle a claim, then [.ender may colltct the insurance proceeds. Lender may use the proceeds to repair or restore the Propeny or to pay sums secured by this Security [nstrument, whether or not then due. The 30-day period will begin when the notice is given. Unless L,ender and Borrower otherwise agree in writing, any application of praceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by L.ender. Borrower's right to any insurance policies and proceeds resulting from damage to the PropeRy prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. . 6. Preservatioo and hiaintenance of Property; Leaseholds. Borrower shall not destroy. Jamage or substantially change the Property, a!!ow the Property to deteriorate or commit waste. If this Security Instrument is on a feasehold. Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge anless Lender agrees to the merger in writing. • 7. Pratection of [.ender's Rights in the Properly; Mortgege Insurance. If Borrower fails to perform the rovenants and agreements contained in this Security Instrumeni, or there is a legal proceeding that may significantly affect L.ender's rights in the Property (such as a proceeding i~ bankruptcy, probate, for candemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may inciude paying any sums securect by a lien which has priority over this Security Inst?ument, appearing in coun, paying reasonabte attorneys' fees and entering on the Property to make repairs. Although L.ender may take action under this paragraph 7, Lender dces not have to do so. ao~~ 4$~ P~cE y49 ~ - ~ y ~ ~ , w '