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HomeMy WebLinkAbout2531 . ~ ~ , k i , ~ . . i ~ ) ; ~y f UNIFORM COVENAN7'S. Borruwer anJ LenJer cove~ant anJ agrce as follows: l. P~yment ot Pr~aclpal sad laterest. Bor~ower shall promptly pay W~hen due thc pri~cipal o[ and interest on the inciebtedness evidenced by the Note, prepayme~t anJ late charges as Qrovickd in the Note, and the principal o( and interest on aay Futune Advances secured by this Mortgage. ~ 2. Ibads tor Tues ~nd Insuraace. Subject to applicabie law or to s written waiver by Lender. Borrowe~ shail pay to Lendcr on ~he day monthly i~stallments o[ principal and interest are payable unde~ the Note, until the Notc is paid in tull, a aum (herein "Funds") equal to one-twelflh of the ycarly tares and assessments which may att3in priority over this Mortgaga. and ground rents on the Prnperty. if a~y, plus une•twelfth of yearly premium installmcnts for hazard insuranco. plus one-twelfth of yearly premium installmcnts for mortgage insurance, if any, all as reasonably estimated initialCy and from time to time by ~ender on the basis of assessments and bills. aod reasonable estimates thercof. The Funds shall be held in an institution the depc~sits or accounts of which arc insured o~ guaranteed by a Federal or state agency (including Lender if Lcnclcr is such an institution). Le~der shall apply thc Funds ta pay said taxes, assessments, insurance premiums artd g~ou~d rents. t.ender may not charge (or so holding and applying the Funds, analyzing said account. or verifying and compiling said asses~timents and hills, unless Lender pays Borrower interest an the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing ~ai - the time of execution o[ this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agrecmcnt is made or applicable Iaw requires such interest to be paid. t_ender shall not t~c requirecl to pay Borrower any interest or earninFts on thc Fu~ds. Lcnder shall give to Borrower, without charge, an annual accounting of the Funds showing credits a~J debits to the Funds a~d the purpose Eor which each debit to the Furtds was maJe. The Funds arc pleJged as additional socurity for the sums sccured by this Mortgage. If the amount of the Funds held by Lcnder, together with the (uture 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 taxa. : assessments, insurance 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 manthly installmen~s of Funds. If the amount of the Funds ~ held by l.ender chall not be sufficient to pay ta+ces, assessments, insurance preraiums and ground rents as ~hey fall due, Borrower shall pay to Lender any amount necessary to make op the deficicncy within 30 days trom the date notice is mailed by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Mortgagc, l.ender shall promptly re(und to Borrowcr any Funds held by lxnder. If under paragraph 18 hereo[ thc Propcrty is sold ar the Propcrt~• is otherwise acquired by Lender, I_cnder shall apply, no later than immediately prior to the sale of thc Propcrty or its acquisition b~~ I.cnder, any Funds held by Lender at the time uF application as a credit against the sumc secured by this Mortgage. 3. Application of Pa3~meats. Unless applicable law proviJes otherwix, all paymcnts received by Lcnder under the t Note and paragraph. 1 and 2 hereof shall be applied by Lendcr firct in payment of am~~unts payable to LenJer by Borrower under paragraph 2 hereof, then to interest payablc on the Note. then to thc principal ot the Notc, and then to intcrest and principal on any Future Advances. ; 4. Charges; I.kns. Borroucr shall pay all taxcs, as~essments and othcr charges. fines anJ impositions attributable to the Prope.rt~• w~hich may attain a priority over tF~is Mortgage, and leasehuld payments or ground rents, if any, in the manner provided unJer paragraph 2 hcreof or, if not paid in such manner, by Borrov?er m•rking payment, when due, Jirectly to the payee thereof. Borrower shaH promptlp furnish to Lender all noticcs of amounts duc under this paragraph, and in the event Borrower shall make payment directly, Borro~er shal! promptly fumish to Lencier rereipts evidencmg such payments. ~ Borrower shall prompEly discharge any lien which has priority over this Mortgage; provided, that Borrower shall not be ' required tu dixhargc any such li.;n so long as Borrower shal) agrec in writing to thc payment of thc ob6gation sccured bp such lien in a manner acceptable to l.ender, or shall in gocxi faith conteu such lien by, or defend enforeement of such lien in. legal proceedingc which operate to prevent the ~nturcement of the lien ~~r forfeiture of the Property ~~r anp part ihereof. S. Hazard Intura~ce. Borrower shall keep th.: impro~~ments nou existing or hereaftcr cre~ted on the Pmperty insured against loss b}• firc, h•rzards ir.dudcd within the term "catcndcJ covcrage". and such other hatards ac I_cndcr may reyuire and in such amuunts and for such periocls a~ Lender ma}• reyuire: pro~~ideJ, that Lender ~hall not reyuire that thc amount of ' such co~•eragr e~ceeJ th:~t amount of coverage rcyuired to pay the sums cecureJ by this ;~tortgage_ I The insurance carrier pmviding the insurance shall be chou:n by Borrowcr subjcct to approvat hy Len~er, provided. ~ that such approval shall not be unreasonahly withheld. All premiumc on insurance policies shall be paid in the manner l prciviJed und~r paragraph 2 hereof ur, if not paid in such manner, b~~ Borrower making payment, when due, direcd}~ to the ~ ?nsurance carrier. Al) insurance ~x~licie, and renrwals there.~f shall tx: in form : cxptablc to Lender and shall ~nclude a ttandard mortgage clause in favnr of and in form acc~ptable tu I.ender. LenJer tihall have the right tu hold thc p~~li.i~: and rene~al~ thereol, and BorroNer shall prompUy furnish to 1_enJer all rencwal notices anJ aU receipts of paid prcmium~. ln ~hc e~-ent of lo~s. Borruw-er shall g~ve promp~ notice to the insurance carrier and Lender. Lender ma~~ make pra~F of loss if nnt made promptt~~ ; ~ b~• Borrower_ i Unless Lender and Horrowcr othcrwi~: agrec in w•riting, insurance pnxecJs shall be applied to restoration or repair of the Property damaged, provided such re~torat~on or repair is economicnlly feasible and the sewrity of this 1liortgage is not Ihereb~~ impaireJ. If such restoration or repair is not economic~lly (easible or if the secarity of this Me?rigage would be impaired, the insurance proceeds shall be applieJ to the sums 3ecureJ by this Mortgage. with the excess, if any, paid to Borrawer. If the Properh• is abandonc~ hy Barrower, or if Borrower tails to respond to Lender within 30 days from the date notice is mailed by L.ender to Borrower that the insur:~nce ~arrier offers to se~tle a claim for insurance benefits, l.ender is authurized ro collec~ and apply the imuranc~ pnxe~:~ls at Lender's option either tu restoration or repair of the Property ~r to thc sums y.tured by this ~iortgagc_ Untess 1_ender and Borrow•er otherwix agree in writing, an~ such applica~ion of proc.:eds to principal ~hall not extend ot postpone ~hc duc date of thc monthl~• installmcntc re(crred tn in paraGraphs 1 and 2 hercuf or changc th~ amount of such inltallments. If under paragraph 18 hereof the Property is acyuired h~- Lender, all right, title and interest of Borrovrer in and ro an} insurance policies and in and :o the proceeds thereof « sulting from damage to the Property prior to the sale ur acyuis~tio~: shall p:us to Lender ~o the extent of the sums Secured by this Mortgage immediately prior to such sale or acquisitiou. 6. Presenalion and ~t~inlenance of Propert~; I.easeholds; Condominiums; Planned Lnit Uevelopments. Borrower shall keep th~ Property in good repair and shal) not commit waste or permit impairment or deterioratian of the Property ~ and shall comply with the provisions of any lease i( this Mo~tgage ~s on a Ieasehold_ If this ~lortgage is on a unit in a & conJominium or a planned unit ~Icvelopmcnt, Borro~•er shall perform all of Borrower's oblig~tions under the declaration ~ or covenants creating or governing the condominium or planned unit development, the by-laws and rcgulations of the cond~min~um or planned unit development, anJ ~ons~iwent documents. If a condominium or planned unit Jevelopment ~ rider ?s esecuted by Borrower and recordeJ tog~ther wi~h Ihi~ M~~rtgage, the covenants and agreements of such rider ~ shall bc: ~ncorporated into and shall amend and supplcment the co~•enants and agreements of this Mortgage as if the rider Nerr a part hereof. ~ 7. Prolection of I.enders Security. If Borrower fails to perform the covenants and agreements contained io this ~ ~ Murtgage, or if any action ur proceedmg is commenced w•hich materially affects l.ender's interest in the Property. includmg, but ~ut limrted to, eminent domain, inu~lvency, code enforcement, or arrangements or proceedings involv~ng a ~ bankrupt or deccJen~, then 1_enJer at I_ender's aption, upon notice to Botrower, may make such appearances, disburse stx:h ~ sums and ~ake such action as is necessary to protcct l.ender s ~merest. incliieling, but not limited to, disburxment of reasonable atromey's fres and entry upun the P:oFerry tu make repairs. It I.rnder requircd mortgage in~urance as a ~ condition of making the loan tiecured h}~ thes Mongage, Barrouer shall pay the premioms requireJ to mainta~n such ~nsurance in efTect until ~uch time as the reyuiremeni (or such insurance terminates ~n accordance with Borrow~er's and ~ . , ~ ~ ~ a~,iK3~.2 ~~cEZS~`~ ~ .