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HomeMy WebLinkAbout1634 1 Unuorus Cover+e v n nt and er r u follows: tuts Borrower and Lender co e a gee 1 ittyweN of lrinr:INl aoi IrtHsest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. prepayment and late charges as provided in the Note, and the principal of and interest on any Future Advances sxured by this Mortgage. Z. Etrti for Taxes ani Irtarrtosce. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly installments of principal and intcrca are payable under the Note, until the Note is paid in full, a sum (herein "Ftrrrds'q equal to one-twelfth of the yearly tasc~s and assessments which may attain priority over this Mortgage, and ground vents on the Property, if any, plus orre-twelfth of yearly premium installments for hazard inwrartce, plus one-twelfth o[ yearly premium installments for mortgage insurance, if any, all u reasonably estimated initially and from time to time by Lender on the buffs of assessments and hills and reasonable estimates thereof. The Funds shall be held in an institution the depostta or accounts of which arc insured or guaranteed by a Federal otr state agency (including Lender if Lender is such an institution). 1_ender shall apply the Funds to pay said taxes, assessments, insurarce premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account, ' or verifying and rnmpiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Linder to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender ' shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds wu made. The Funds arc pledged u additional security for the sums secured by this Mortgage. If the amount o[ the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes. assessments, insurance premiums and ground rents u they fall due, such excess shall bt, at Borrower's option, either pranptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Leader shall not be wfficieot to pay taxes, assessments, insurance premiums and ground rents u they fall due, Borrower shall pay fo Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Mortgage, lender shall promptly refund to Borrower any Funds held by Lender. If under puagraph 18 hereof the Property is sold or the Property rs otherwise acquired by Lerrder, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funi held by Lender at the time of application as a credit against the sums secured by this Mortgage: 3. A~plicatio~ of Ps,ymests. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note. and then to interest and principal on any Future Advancers. 4. C6srges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions aUributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 Hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee ther+oof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph. and in the event Borrower,shall make payment directly, Borrower shall promptly fumish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage; provided, that Borrower shall Trot be required to discharge -any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. S. Hazard Insurawce. 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 such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. _ The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender. provided, that such approval shall not be unreasonably withheld_ All premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage I clause in favor of and in form acceptable to Lender. Lender shall have the tight to hold the policies and renewals thereof, E and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or .repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would z 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 it 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 authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Propen~• r or to the sums secured by this Mortgage_ Unless fender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. If under paragraph 18 hereof the Proferty is acquired by Lender, all right, title and 'interest of Borrower in and to any Insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 6. Preservation and lNaintenance of Property; Leaseholds; Condominiums; Planned UNt Devebpments. Borrower shall keep the Property in good repair and shall not comrpit ysaste or permit impairment or deterioration of the Property and shall comply- with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a ~ condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration F or covenants creating or governing the condominium or planned trait development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. tf a condominium or planned unit development rider is executed by Borrower and recorded together with this Mortgage, the covenants and agreements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage. as if the rider were a pan hereof. - 7. Protection of Lenders Security. If B~rro~er faih perf~~rm the covenants and agreements contained in this Mortgage, or if any action ur proceeding is c~~mmcnced which materially affects Lender's mterest in the Property, 't including, but nit limited to. eminent domain. inse~henc), aide enforcement. sir arrangements or proceedings invoh•ing a bankrupt or decedent. then Lender at Lender's option, upon notice to Borrower, ma} make such appearances, dishurse such sums and take such action as is necessary h? protect lender's mterest, including. but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. If 1_cnder reyoired mortgage insurance as a condUion of making the loan secured by this Att~rtgagc. B~~rmwcr. shall pay the premiums required to maintain such insurance in effect until Stich time as the requirement (ar such insurance terminates in accordance with Borrower's and 't . ~ R'.. ~r 301 r, : =1629 - : 5 ~ . N r ~F v zs ~ _ -