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HomeMy WebLinkAbout0895 ~ . . ~r~ UHIFOIIM COVEN~NTS. Borrowt~ a~d l.endcr c~~vcnanl and ag?re foliuws: 1. Parataf ot Pdnclpal sod latetest. Borrower ~hall prumptl~ pay v?hcn duc thr principai of and.intcrest on thc indebtednest evidenced by the Notz, prepayment anJ latc ch:~rbc. provi~kd ~n ~hc Notc, and the principal of and mtercs~ 0o any Futurc Advances secured by this Mortgage. 2. F+mds tor Ta~[q and laturaace. Subject ~o applicahlc laN ur to a W~ritten wa~ver by I_ender, Borrower shall pay to Lender on the day monthly installments of principal anJ int~~rc.i .ur payablc ~mdrr the Note, until the Note ~s paid in full. a sum (hercin "Funds") equal to one-twelAh of the yearl~ ~a~c. anJ as~escments which may attain priariry ove~ this Mortgage, and ground rents on the Pr+nperty, if any, plus c~natw~lhh ol ycarl~• prcmium installments for hazard insurance, plus one-twelfth of yearly premium installmenls for martgage insu~ance. if any, all ac rcasonably estimated initially and [rom time to time by Lender on the basic of assesemcros and hill, and rea~onable estimates there~f. 'Il~e Funds shall be held in an institution the depoc~n or ac:counls of which are insured or guaranteed hy a Federal or state agency (including Lender if Lcnder such an instimtionl. Lcnder ~hall apply the Funds to pay aaid taxes, assessments, insurance prcmiums and graund ~ents. I ender ma}• not charge lor hotding and applying the Fnndc. analyzing said accou~t. or verifying and compiling said assessments and bill~, unless t_ende~ pays Bnrrowe~ interest on !he Funds and applicabl~ lavv permits Lender to make such a charge. 8orrower and Lender may agrce in writing at thc timc ot executiun of this Mortgage that interest on the Fu~ds shall t~e paid to Borruwer, and unless such agreement is made or applicable law rcquires such inte~est to be paid. Lender shall n~t he required to pay Borrawer an}• interest or carnings ~n the Funds. l.ender shall give to Borrower, without charge, an annual accaunting of the Funds showing credits and debits to the Funds and the purpoae for which each debit to the Funds was madc. The Funds are plcdgetii as additional securit~~ fo~ the sums secured by this Mortgage. ' If the amount of the Funds held by Lender, toge~her with the future manthly installments o( Funds payablc prior to the due data of taxes, asstssmtnts, insuranct premiums and ground rent~, shall exceed the amount reyuired to pay said taxes, ssspsments, insurance premiums and ground rents as they fall due, such excess shall be, at Horrower's option, either pranptly repaid to Borrnwer or croditcd to Borrower on monthly installments of Funds. If the amou~t of thc Funds held by Lender shall not be sutTicient to pay taxes, assessments, insurance premiums and ground rents as thcy fall duc, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 da~s trom the date notice is mailed by Lender to $orrower requesting payment thereof. - Upon payment in full of all sums aecucrd by this Mortgage, l.ender shali promptly refund to Borrauer any Funds held by Lender. If under paragraph 18 hereof the Property i. sold or the Propcrty ;s otherwisc acqu~red by l.ender. I.ender shsll apply, no later than immediately prior to the sale of the Properiy or its acquisition h~ 1_ender, any Funds he1J by Lender at the time of application as a credit against the sums sec~red by ~his Mortgage. 3. Applicatioa of Paymenfs. Unless applicable law• proviJes otherv?~ise, all payments received by Lender under the Note and paragraphs I and Z hereof shall be applied by Lcrtder first in payment of amounts payable to Lcnder hy~ Bo~rower uadec parsgraph 2 hereof, then lo interest payable on the Note, then to thc principat•of the Note, and then to interest and principal on any Future Advances. 4. C6ar~es; Litns. Borrower shall pay all taxec, assessments and other charges, fines and impositions attributable to the Property which may attain a prioriry over this Mortgage, and leasehold payments or ground rents, if any, in the manner pt+ovided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paraarsph, aod in the event Borrnwer shall make payment directly, Borrower shall promptly (urnish to Lender receipts evid~ncing such payments. Bortower shall promptly discharge any lien which haz priority over-this Mongage; provided. that Borrower shall not be tequirad to dixharge any such lien so long az Borrower shall agree in writ~ng to the payment of the obligation secured by such lien in a manner acceptable to Lender, or shall in goad faith contest such lien by, or defenJ enfot+cement of such lien in, legal ptoceedings which operate to prevent the enforcement of the lien or [orfeiture of the P[aperty or any part thereof_ S• Hazard Iosurance. Borrower shall keep the improvements no~~ existing or hereafter encted on the Property insured against loss by fire. hazazds included within the term "extended coverage", and such other hazards as [_ender may reyuire . and in such amounts and for such periods as Lender may requim; pravided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sum~ secured ~by this Mortgage. 'I7~ insuran¢e carrier providing tt~e insurance shall be chosen by Borrower subject to approval by Lender. provided, Wat such approvaf shall not be unreasonably withheld_ Alt premiums on insurance policies shall be paid in the manner providod under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment. when due, directiy to the iasurance carrier. All insurance policies and renewals thereof shal! be in form acceptable to Lender and shall include a standard mortgage elause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnisi~ to Lender al) renewal notices and alt receipts of paid premiums. In the event of loss. $orrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made pramptly by Borrower. Unless Lender and Borrower otherwise agrce in writing, insurance proceeds shall be applied to restoration or repair of tht Property damaged, provided such restoration or repair is economically feasibte and the security of this Mortgage ic not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage. with the excess, if any, paid to Borrower. if the Property is abandoned by Borrower, or i( Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is aut6orized to collect and apply the insurance proceeds at Lender's option either to restoration or repalr of the Propem~ or to the sums secured by this Mortgagt. Unltss Lender and Borrower otherwise agree in wriUng, any~ such application of prckeeds to pnncipal shall not extend or postpone the due date of the monthfy instatlments refcrred to in paragraphc 1 and 2 hereof or change the amount of such instaltmeots. If under paragraph 18 hereof the Property is acquired by l,ender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulung from damage to the Propeny prior to th~ sale or acquisition shall pass to Lender to the extent of the sums secureci by this Mortgage immediate(y prior to such saie or acquisition. 6. Praervation and Maintenance of Propcrty; Leasehulds; Condominiums; Planned Unit Developments. Borrow•cr shal! koep the Propetty in good repair and shall not com~pit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Morfgage is on a leasehold. lf this Mortgage is on a unit in a condominium or a planned unit development, Borrower shail perform ali of Borrower's obligations under the declaratiun or covenants creating or governing the condominium or planned unit development, the by-laws and regulations af the condominium or planned unit development, •rnd constituent documentc. If a condominium or planned unit development rider is executed by Bonower and recorded together with this Mortgage, the covenants and agreements of such rider shall b~ incorporated into and shali amend and supptement the covenants and agreements of this Mortgage as if the rider were a part h~rcaf. 7. Protection of Lendet's Security. If Borrower fails to perform the covenants and agreements contained in ihis Mortgage, or if any action or proceeding is commenced which materially afiects Lender's interest in the Prope~ty, iacluding. but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings invotving a bankrupt or decedent, then Lender at Lender's opt+on, upon notice to Borrower, may make such appearances, disburse such sums and talce such xtion u ia nxessary to protect Lender's interest, including, but not limited to, disbursement of reasonabk attorney's fees and en~ry upon the Property to make repairs. If Lendcr requircd mortgag~ insurance as a condition of making the loan secured by this Mortgage, Borrow~cr shall pay thc premiums required to maintain such inwranee in effect until such time as the reqoirement for such msurance terminates in accordance with Bormwer's anJ I ~ ~~2 V V V EL.!( f'AGf z ~ y ~ ~ = ~ f-~. 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