HomeMy WebLinkAbout1247 Utttroara Covanar~ns. Borrower and Lender covenant and agroe as tollows:
L ly~wetN et hietMf ttttN Wtttrerf. borrower shall promptly pry when due the principal of and intereq on the
iadebtedrKa evidertoed by the Note, prepayttteat and lace charges as provided in the Note, and the principal of and interest
as any Future Advances stxured by this Mortgsge.
2. 14s~ti ter Tagus atsi Irtwra~ce. Stitbject to applicabk law ~x to a written waiver by Lender, Borrower shall pay
to Leader on the day monthly installments of principal and interest ire payabk under the Note. until the Note is paid in toll,
a sum (herein "Fuads'~ equal to orte-twelfth of the yearly tax~~ and assessments which may attain priority over this
• Mortgage. and ground vents on the Property. if any, plus one-twelfth of yearly premium installments for hazard insurance.
plus one-twelfth of yearly premium installments for mortgage insurance. it any, all as ressonably estimated initially and fttxn j
time to time by Leader oa the basis of assessments and bills and reasonable estimates thereof. ~
The Funds shall be held in an institution the deposits or accounts of which arc insured or guaranteed by a Federal or
state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay uid taxes. assessments,
iasuraaoe premiums and ground Dents. i.ender may not charge for sa holding and applying the Funds. analyzing said account,
or verifyintsrtd compiling said assessments and bilk, unless Lender pays Borrower interest on the Funds and applicable law
permits Lender to make etch a charge. Borrower and Lender may agree in writing at the Time of ezocution of this
Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicabk law
r~egtritrtti such interest to 6e paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender
shall pee to Borrower, without charge, an annual accounting o[ the Funds showing credits and debits to the Funds and the
purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured
by the Mortgage. _ •
Tf the amount of the Funds held by Lender, together with the future monthly installments of Funds payabk prior to
the due dates of taxes, assessrrteats, insurance premiums and ground rents, shall exceed the amount required to pay said taxes.
assastnents, irt:urattce premiums and ground rents as they tall due, such excess shall be, at Borrower's option. either
promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds
held by Leader shall not be wl6cient to pay taxes. assessments. insurance premiums and ground rents as they [all due,
Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed
by Leader to Borrower requesting payment thereof.
Upon payment in full of all sums secured by this Mortgage, tender shall promptly refund to Borrower any Funds
held by Leader. If under.paragraph 18 hereof the Property is sold or the Property rs otherwise acquired by Lender, Lender
shall apply, no later than immediately prior to the sak of the Property or its acquisition by Lender, any Funds held bv-
Leader at the time of application as a credit against the :urns secured by this Mortgage.
3. A~licatloa of IrrtyatteW. Unkss 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 parsgraph 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 Advances.
1. Cbsrges; Lktas. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable 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~r, 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 furnish to Lender receipts evidencing such payments.
Borrower shall promptly discharge any lien which has priority over this" Mortgage; provided, that Borrower shall not be
required to discharge any wch 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 Inentrarrce. Borrower shall kcep 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; provide), 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
j insurance carrier.
i All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage
~ clause in favor of and in form acceptable to Lender. Letlder shall have the right to hold the policies and renewals. thereof,
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 df 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
be impaired, the insurance proceeds shall be applied to the sums secure) by this Mortgage. with the excess. if any. paid
to Borrower. If the Property is abandoned by Borrower, or if 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 protxeds at Lender's option either to restoration or repair of the Propene
t or to the sums secured by this Mortgage.
Unless Lender apd 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 1 and 2 hereof or change the amount of
such installments. If under paragraph 18 hereof the Property 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 Maintenance of Property; Leaseholds; Condominiums; Planned Unit Devebpments. Borrower
shall keep the Property in good repair and shall not commit yvaste 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
or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the
condominium or planned unit development, and constituent Documents. !f 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
x were a part hereof.
7. Protectiou of Leader's Security. If Borrower fails to perform the covenants and agreements contained in this
Mortgage, or if any action or proceeding ~s commenced which materially affects Lender's interest in the Property,
including, but not limited to. eminent domain. insolvency, code enforcement, ur arrangements or proceedings invoh•ing a
bankrupt or decedent, then Lender at Lender's option, ulx~n notice to Borrower, may make such appearances, Jishurse such
sums and take such action as is necessary to protect Lender's interest, including. but not limited to, Disbursement of
reasonable auomey's fees and entry upon the Property to make repairs. If Lender rcyuireJ mortgage insurance as a
condition of making the hen secure) by this Mortgage. Bc:rruv<rr shall pay the premiums require) to maintain such -
insurance in rBect until such time as the reyuiremem far such insurance terminates in accordance with Borrower's and
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