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HomeMy WebLinkAbout0605 i; . - - _ _ __1 i t • i. , - ~ ~ ~ Borrower and Lender covenant and agree as folbws: 1, Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness _ j evidenced by the Note, prepayment and late charges as provided in the Note. and the principal of and interest on any Future Advances secured t by thin Mortgage. ; 2. fitrtds for Twsea and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to [.ender on the day monthly inatalLnents o! principal and interest are payrabie under the Note, until the Note is paid in full. a sum (herein "I'lunds") equal to one twelfth othee yearly taxes and assessments which may attain priority over this Mortgage. and ground rents on the Property. if any, plw one• j twelfth otyearly premium installments for hasard insurance. plus one•twelfth of yearly premium installments for mortgage insurance. if any, ~ all as reasonably estimated initially and hom time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Tha Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or State agency { (including Lander if Lender is such an institution). Lender shall apply the Funds to pay said taxes. assessments. insurance premiums and i ground rents. [..ender may not charge for so holding and applying the Funds, analyzing said account, or verifying and compiling said assessments and biW, unless Lender pays Borrower interest on the Fonda and applicable law permits Lender to makesuch a charge. Borrower and Lender may agree in writing at the time of execution of tbis Mortgage that interest on the Fltnds shall be paid to Borrower, and unless ~ such agreemett is trade or appUcable law requires such interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the T'Lnds. 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 We Funds was made. The Funds are pledged as additional secwrity for the sums secured by this E Mortgage. t If the amount of the Funds held by Lender, together with the [afore monthly inataliraents of Funds payable prior to the due dates of taxes, assessments, inanranoe premiums and ground rents, shall exoaed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due. such excess shall be, at Borrower s option, either promptly repaid b Borrower or credited to Borrower on - monthly installments of Ptimds. If the amount of the Fonda held by Lender shall not be sufficient to pay taxes, assessments, insurance preminms and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30days from the date notice is mailed by Lender to Borrower requesting payment thereof. :t Upon payment in full of all sums secured by this Mortgage. Lender shall promptly refund to Borrower any funds 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 Fonda held by Lender at the time of application as a credit against theaums secured by this Mortgage. ' 3. Application of Paymeats. 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 Advances.. - ~ 4. Charges; Liens. Borrowershall 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 hereofor, _ if not paid in anch manner, by Borrower making payment, when due, direMly to the payee thereof. Borrower shaA promptly furnish to Lender 's ati notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower. shall promptly furnish to Ixnder 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 such lien so long as Borrower shall agreein writing to the payment otlheobligation secured by such lien in a manner acceptable to [.ender, or shall in good faith contest each lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or for[eiture of the Property or any part thereof. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against toss by fire, hazards included within the term "extended rnverage," 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 rnverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The inaurance'carriez providing the insurance shalt be chosen by lir?rrower 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 clause in favorof and in form acceptable to Lender. Lendershal) have the righf to hold the policies and renewals thereof, and Borrower shall promptly furnish to i.ender 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 be impaired, the insurance proceeds shall be applied to the soma secured by this Mortgage, with the excess, itany, paid to Borrower. ifthe 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 $orrower that'the insurance carrier offers to settle a claim for insurance benefits. Lender is authorized to collect and apply the insurance proceeds at Lenders option either to restoration or repair of the Property or the sums secured by this Mortgage. - Unlese Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone thedue 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 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 Properly;Leaseholds; Condominuma; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shelf rnmpiy 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 a obligations under the declaration or covenants creatingor governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, sod 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 iota and shall amend and supplemen! thecovenants and agreementaof this Mortgage as if the rider were a part hereof. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agre+emenls rnntained in this Mortgage, or if any action or proceeding is rnmmeneed which materially affects Lender a interest in the Property, including, but not limited b. eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option,npon notice to Borrower may make anch appearances. disburse such sums and take such aMion as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorneyb 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 Insurance in effect until ouch time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable Law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. My amounts disbursed by Lender persuant to this paragraph with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which - event ouch amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7, shall require Lender to incur any expense or take any action hereunder. . _ BU~KJ~~ PAGE 603 S ~ ~ ~