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HomeMy WebLinkAbout2479 _ _ _ - t _ _ V._- - - - _ _ Borrower and Lander oownartt and agra as iolbws: 1. PeUnaent o! Pslacipal and Interest. Borrower shall promptly pay when dw the priadpel of and iatsrest on the iadebadness widenoed by the Noe, prepe~ymer?t earl lea darga as provided is the Noe. and the priacipal of and interest ~ say F1?tnre Advance scared b this Mcetgap. . !l. Elands for Ta:« and Irraarwnoa. Subject b applicable law or to a written waiver by Leader, Horrower ahaU pay to Lender on the day monthly inawlm.na of principal and interest are payable ands the Nuts. aatil the Noa iw paid in lWl, a sum (herein "Phnds'7 equal o0 oere• twelfth oitbe Yearly tares and as.asmeaa which may attain priodty over this Mortgage. and grround rents on the Property, itany, plan one- twelfth of yearly premium inataitma,a far hasard insnreince, plus onstwel!!h of yearly premium indaUmeaa ice mortgage insurance. if any. aA as rrasouab>,y estimated initial;y add liram time to time by Leader on the basis of assessments and bill and reasonable estimates thereof: The Farads shall bs held is an iaNitnlioa lbe deposia oe aoooana of which are iasard or goaranteed by a Federal or Stan aganry (inducting Lender it Landes i. each an iartitatioal: Lender shall apply the Farads to pay said tries. aaessmsnts. insarancs pnmiams and ground reats. Lender rosy sot charge for p holding and applying the Funds, analysing said aoco~ml, or verifying and oompiliag said aae.smena and bile. unless Lender pays Borrower iatereston the Eberle and applicable law pe:mia Lsada to make anch a charge. Borrower and Lander may agrw in writing at the lima at e:ecation of this Mortgage that inarat oa the Pbnds shall be paid to Bocrowar, and orates arch agreeonent l made or applicable law ragoira each iatecest to bs paid, Larder shall not bs re4nired b pay Borrower any interest or earnings on the Fends. Lender shall give to Borrower, wlWaat charge. an annual aoooanting of the Fonda showing credia and debia to the Fonds and the purpose for which each debit to the Eberle was made. The Fonda are pledged as additional securigr for the sums secured by this Mortgage. Ifthe amonntofthe Farads held by Lender. together with the fatnremonthlyinaalhnenaof F~ndapayablepriortothedesdatesoftazes, asaesamena. inauranos premiama sad geowad rams, shall exceed the amoaat required to pay said tares, asaeeamena, insurance premiums and ground eras as they fall doe, wch a:cen shall be. at Botrowera epflon. either promptly repetd to Boerowec or ceedited to Borrower on monthly inaaltmena of Fends. If the amount of the Farads held by Lender shall sot b. ~ciept y4 pay fazes, ass.-amens, insurance premiums and ground rena as they fall due. Borrower shall pay to Landes any amount neoeseafy~orgs~e ~}p -~rgde8cuncy within 30 dsya from the daa notice is mailed by Lender to Borrower requesting paym~fthereof: - ' Upon prprmeut in fall at all anaos second by this Mortgage. Lender shall promptlyy irfun~d td'Hot~ae aEih~i llmde'h~d by Lender. If under paragrap618 hereof the Property is sold or the Propa4y l otherwise aa~~gaised hY,~?~, Lender ~~Jli1Db'•~4q~}~ ~ ~y Price tothesaleoithePropertyariaacgaiaitionbyLender, anyFandshetdTiyLenderatthetimeofapplication asacreditagainatthearms second . by this Martgags. 9. Application o! Payments. Unless applicable law provides otherwise, all paymena received by Lender Hader the Noa and paragraphs 1 a~ 2 hereof shall bs applied by Lender first in payment of amouna payable to Lender by Borrower under paragraph 2 hereof, they to interest payable on the Note, then to the principal of the Noa, and then to interest and principal on say Ehlers Advances. 4. Charges; Liens. Borrower shall pay all tares. aa.eamena and other charges, fines and impositions attabatable to the Property which may attain a priority over this Mortgage, and leasehold pa,?mena or ground rents, if any. in the manner provided ender paragraph 2 hereof or, if not paid in each manner. by Borrower making pgymeat, when doe. dinctjy to the payee thereoL Borrower shall promptly furnish to Leader all notices of emcees due Hader this paragraph. and in the event Borrower shall make payment directljr, Borrower shall promptly furnish to Lender receipts evidencing such p8`ymer?a. Borrower shall promptly discharge any lien which has priority over this Mortgage; Provided, that Borrower shall eat be required to discharge any each lien so long ea Borrower shall agree in writing to the paymentaf the obligation secured by such liar is a manner aooeptable to Lender,.or shall in good faith contest each lien by, ordefend enforoementof each lien in.legal proceedings which operate to prevent the enforcaneat of the lien or forfeiture of the Property or any part thereof: 5. Hasard Insurance. Borrower shall keep the improvema?a now eziatiag or hereafter erected on the Property insured against loos by Sre. hazards indaded within the farm "ezaaded omrerage," and each other hazards as Lender may require and in such amouaa and for such periods m Lender may regmt+e;provided, that Lends: shall not require each coverage amount ezceediag the minimum, as may be r+egnired by state or federal ngnlations governing activities of Leader. or that amount of coverage required to pay the sums secured by this Mortgage, whichever is the greater. The insurance carrier providing the ins_arance shall be chosen by Borrower aubjed to approval by Lender; provided, that such approval shall not be nnnaeonably withheld. AU premiums on inanrance policies shall be paid is the manner provided under paragraph 2 hereof or, if not paid in anch manner. by Borrower making payment, what due, dindly to We insurance carrier. All insurance policies and renewals thereof shall be in form aaoeptable to Fender and shall iaclade a standard mortgage clause in favor of f and in form aooeptable to Lends. Leader shall have the right tohold the policies and renewal thereof; and Borrower shall promptly furnish to i i.aider all renewal notion and all receipts of paid pr~emiams. In the evert of lass, Borrower shall give prompt notice b the insurance carrier and Lender. Lender rosy make proof of lass if not made promptly by Borrower. Unless Lender and Borrower otherwise ages 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 sec~uity of this Mortgage l not thereby impaired. Tf such restoration err repair is not economically feasible or if the security of this Mortgage world beimpaind, the insurance proceeds shall be applied to the anmsaecared bythis Mortgage. with theezoesa,if any. paid to Bosrovrer.Ifthe Property is abandonedby Borrower, orif Borrower fails to respond to Leader within 30 days from the daa notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefice, Lender l aatharized to collect and apply the inaarance proceeds at Leader'aoption either to restoration or repair of the Property or the rams secured by this Mortgage. Unless Lerida and Borrower otherwise agree in writing, any each application of proceeds to principal shall not eztead or postpone the due dace of the monthly instaumena referred tD in paragraphs 1 and 2 hereof or change the amount of such inatallmeaa. Tf Wade paragraph 18 heeeot'the Property l aogirired by Fender, all right, title sad interest of Borrower in and to any insurance policies and in and to the proceeds thereof rewlting from damage to Property prior to the sale or eognisition shall pees to Leader to the eztent of the seas secured by this Mortgage immediately prior to such sale or acq~daitiaa. _ 6. Preservation and 1[aintenanoe of Property; Leaseholds; Condominnms; 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 shall comply with the provisions at any leers if this Mortgage is on a leasehold. If this Mortgage is on a snit in a oondomiaiam or a planned snit development, Borrows: shall perform all of Borrower's obligations Hader the declaration or ooveaana creatiagor governing the ooadominium or planned unit development. the by-laws and regulations of the condominium or planned snit development, and canstitueat docnmenta. ff a condominium or planned snit devebpment rider l esecnted by Borrower and recorded together with this Mortgage, the covenants and agreemena of such ride shall be incorporated into and shall amend and supplement the covenants and agreaneaa of this Mortgage ss if the rider were a part haeof._ 7. Proadion of Lender's Secorfty. If Hoceower fail to perform the oovenana sad agreemeaa oontsined in this Mortgage, or if any action or proceeding is commenced which materially affects La~dera iaarat in the Property. indnding. but not limited to, eminent domain, insolvancs?, code enfor+oement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's optionnpon notice to Borrower may make such appearances, disbaree each sums and take ouch action as is aeoessary to prated I.eadae's interest, indading, but not limited to, disbarseo~emt of reasonable attorney's fees and entry epos the Property to make repairs. Tf Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pqY the preminma npnired to maintain each insurance in effect untr7 such time as the regninmeat for arch insurance terminates is accordance with Borrowers and I.endec's written agresmeat or applicable Law. Borrower shall pay the amount of all mortgage inaaance premiums in the manner provided ender paragraph 2 hereof. Any amo~b disbareed by Lends perasnt to Chia paragraph 7, with interest thereon, shall become additional indebadnees of Harrower secured by thi. Mortgage. Unlea_Borrower and Leader agree to other terms of payment. suds emcees shall bs payable aeon notice fiom Lender to Borrowez requesting payment thereof, and shall bear intered from the dace of disbnrsemeat at the ran payable from tiros to time on outstanding prindpal ender the Note. anlees payment of interest at such ran world be oantrary to applicabl law, in which event such emcees shall bear interest at the highest ran pamiissible ender applicable law. Nothing contained in this paragraph 7, shall regoire Lender to inwr any ezpense or take any action heeeander. ' ~ BOtOIKJ~~ ~AQE~~~