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HomeMy WebLinkAbout0145 l. ti11 uR~t C~~~ l?-~~ i~ N~,rn~~~~r c+nd l.rn:ier ~~~~rnant an~i aEtrrr f~,ll~~~~, 1. Pa}ment of Principa! and Interest; Prepayment and I.atc ('harkes. B~~rr~»~rr ~hall ~n~m~~tl~ ~~hri~ ;1ur thr pnncipal of and intere,t un ~he debt r~i~len~ed hy the ti~itr and an~ pre~a~ mrni anel I.i~r ~ h.ir~e. ~1ur wi~lrr thr \~,ir 2. Funds for Taxes and Insurance. Suh~ert tu s~~pl~cahlr 1;~N ur t~~ a N nttrn anrr h~ Lrn~irr, H~~rru~~ cr ,hall E~.+} ~t~ l.ender on the da~ m~~nthly pa~mrnt~ are dur under ihr Notr, untii thr ?`~,tr i~ ~aid i?~ fuli, a,urn 1"Fund,") ryual ?u ~~ne-twelfth of~ (a) yearly ta;e~ atid ati~e~`ment~ which may attain Cn~~nty o~rr thiti Srruri~~ In~trumrnt: Ih) ~carl~ Irasehold pa~ment, or gruund rent~ un thr Yroperty, ~f any; (r) yrariy ha~ard intiuranrr ~rrmiumti; ~ind (dl )e.irl~ mortgage insurance prrmiumti, if any Thrtir uemt are ralled "rumw itrmti." Ixn~i~r ma}~ r,hmatr thr Fund. dur ~~n thr basis of current d~+ta and reasonable eshmateti of fuwr~ r~rrow items. ~Ihc I iin~iti shalt tx htl~i in an iiutitutiun ihe d~po~itti ur arc~~unt~ c~t ~~hith.ire imured i~r guarant«~1 b~ a trd~ral ~~r ,t:~tr a~;rnc~ lincluding Lrnder iS Lrn~1~r iti ~uch an in~titutionl. Lrndrr,hcill appl~ the Fund~ tu ~a~ thr e,cru~~ itrm,. I.en~irr ma~ :iut ch;~rEr fur hulding and appl~ing the F~und., anal~~~ing the 3rc~~unt ur ~rrif~ing the cscru~~ itrms, unle,. (.en~lrr ~a~. t~~~rru~~er intere~t on thr t=und, and applir~ihle la~~ ~xrmit~ Lender to make surh a charge. A chargr x„~,xd b~ I.en~lrr in ~unnecu~m ~~ith B~~rruH~r,'rntrring intu thi~ ScYUrih• Instrument tu pa~ the cu.t uf an independent tax rcpurting ~cnirr .h.~ll ?jut br a rh~ir~e lur purpu~e. uf the pncrding,rntenrr. &~rru~+er and I.rn~ier ma~ .igrrr in ~cnting that intere~t ,hall tk ~:u~1 un the F-und.. l'nlr» an .+grerntent iti made ur arpl;~ahle I~~ r~yuire. intrrr.t t~~ he rai~i, t.rnder shall n~~t hr rryuired t~~ ~a~ B.~rru«er :tm~ intere~t e~r earning, on the t=und.. Lendrr ~hafl gi~e tu B~~rru~~er, N ithout rharg~, an annual acr~~unting ut the F-und> >huaing credit. and dehit+ to the t=und~ and thr purpe~,e for ~~hich earh drhit to thr 1=und~ ~~a~ m~i~lr. llie t-un~1~ arr ple~lged :t~ additiunal ~rrurit~ fur the .um> >c~rured b~ thi~ ti~curit} In~trumrnt. If the amount of the Funds held by Lender, tugether with the future monthl}~ payments of Funds papable prior to the due dates of the escrow items, shall exceed the amount reyuired to pay the escrow~ items when due, the excess shall be, at Borrower's aption, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not suffi'icient to pay the escrow items when due, Borrow~er shall pay~ to Lender any amount necessary to make up the deficiency in one or more payme~.'s as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sotd or acquired by Lender, Lender shall appiy, no later than immediately prior to the sale of the Property or its acquisition by Lender, an}~ Funds held by Lender at the time of applicatian as a credit against the sums secured by this Security lnstrument. 3. Application of Payments. Unless applicable law pro~•ides otherwise, all payments received by Lender under paragraphs 1 and 2 shal) be applied: first, to late charges due under the Note; second, to prepayment charges due under the "`ote; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrow•er shal! pay all taxes, assessments, charges, fines and impositions attributable to the r roperty which may attain prioritp over this Security lnstrument, and leasehold payments or ground rents, if any. E3orrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrow~er shall ~,ay them on time directly to the ~rson owed payment. Borrower shall promptly furnish to Lender a(1 notices of amounts to be paid under this paragraph. !f Borrow~er makes these payments directly, Borrower shal! promptly furnish to Lender j receipts evidencing the payments. I Borrower shall promptly discharge an} lien w~hich has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of ~ the Property is subject to a lien which may attain priority over thic Security~ Instrument, Lender may give Borrower a i notice identi(ying the lien. Borrower shal! satisfy the lien or take one or more of the actions set forth above within 10 days ; of the giving of notice. ~ 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property ~ insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Len~er j requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The € ~nsurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be ~ unreasonably withheld. ~ All insurance policies and reneaals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renew~als. If Lender requires, Borrower shall promptly give to Lender y all receipts of paid premiums and renew~al notices. In the event of loss, Borrow~er shatl give prompt notice to the insurance ~ carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrow•er otherw~ise agree in writing, insurance ~nrcxeeds shall be applied to restoration or repair ` of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the ~ restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be ~ applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. [f ~ Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has ~ offered to settle a claim, then Lender may collect the insurance pra~ceeds. Lender ma~ use the proceeds to repair or restore ~ the Property or ro pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin ~ when the notice is given. ~ Unless Lender and Borrower otherwise agree in writing. any appfication of proceeds to principal shall not extend or ` postpone the due date of the monthly payments referred to in paragraphs i and 2 or change the amount of the payments. !f ' u~?der paragraph 19 the Property is acquired by I.ender. Borrower's right to any insurance policies and proceeds resulting ~ from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security ~ Instrument immediately pnor to the acquisition. ~ 6. Presens~tion and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially ~ change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, ~orrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fec title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; !~iortg~ge Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect L.ender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of tne Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property~ to make rePairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payrnent, these amounts shall bear interest from ~ the date of disbursement at the Note rate and shall be payable, with interest, u~on notice from Lender to Borrower P requesting payment. F 4 ~'~~~675 FACE 145 _ ~ : , . , : ~~.:z-.- . 4