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HomeMy WebLinkAbout0509 _ - UNtFOrurt COVBNANTS. Borrower and Lender COVenant and agree at follows: 1. lstymeat of Peltscipl antl Inttrat. Borrowec :ball promptly prey when due the- principal of and interest oa the , indebtednett evidetxxd by the Note, prepayment and late charges as provided in the Note, ,and the principal of and interest on any Future Advances aocured by this Mortgage. 2. Fwda for Ttttta atsd~rteesK'e. Stitbjeet to applkabk [aw or to a writtea waiver by Lender. Borrower shall pay to Lender on the day monthly irstalhuents of principal and interest are payable under the Note, until the Note is paid in full. a sum (her.-in "Fundt'~ equal to one-twelfth of the yearly taxes and assessments which may attain priority over this. Mortgage, and ground rests oa the Property. if any. plus ores:-twelfth of yearly premium. iasWhmnts for hazard irtturaace, plot one-twelfth of yearly premium iastalltnentt for mortgage insurance. if any, all at reasonably estimated initially and from time to time by Lender oa the basis of saseasmenta and bills and reasonable estimates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Pederal or state agency (including Leader it Lender is such an itrstitutian). Lender shall apply the Ponds to pay acid taxes, asaestmenb, insurance premiums and ground rents. Lender may not charge for so holding and applying the fl,tnds. analyzing said ttcoouat, or verifying and compiling said assessment: and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender 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 regains such interest to be paid. Leader shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annwl accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds an pledged as additional security for the sums secured by this Mortgage. >if the amount of 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, asserwnents, insurance premiums and ground nuts as they fall due. such excess shall be, at Borrower's option. either - promptly repaid to Borrower or credited to Borrower oa monthly installments of Funds. If the amount of the Funds held by Lender shall not be suffkient to pay taxes, assessments. insurance premiums and ground Hots as they fall due, Borrower shall pay to Lender anyamount necessary to make up the-deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting payment thereof. - ~ i Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Fund: held by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender. Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Applk~ion of Paymeat:. Unless applicable law providers 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 pa able 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 Advances. 4. Charges; ltkrss. 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 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 paragraph, and in the event - Borrower shall make payment directly. Borrower shall promptly famish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which fias priority over this Mortgage; provided, that Borrower shall not 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 Iacoranee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fin. 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 wch 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 ; clause 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 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 sad Borrower otherwise agree in writing, insurance proceeds shall be applied to ratoration or npav 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 secured 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 proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender 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 1 and 2 hereof or change the amount of such installments. If under paragraph l8 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. Preaervatbn and Maintenance of Property; Leaseholds; Condominiums; Planned Unit 1De~dopmeaLs. Borrower shall keep the Property in good reparr and shall not commit waste 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. If 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 part hereof. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lenders interest. including, but not limited to, disbursement of f reasonable attorney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a - condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such inswance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and i - i BODK J~~ PbGE 5O7