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HomeMy WebLinkAbout0163 . ar _ ~ UNrrosue COVaNANirs. Borrower and Lender covenant and agree as follows: ~ 1. Patijmeat of Pesiaclpttl aai lutteerest. Borrower shall promptly pay when due the principal of and interest on the indebtedneta evidenced by the Note, prepayment and late charges as provided in the Note. and the principal of and interest on any Future Advances secw•ed by this Mortgages. 2. ><hntela teK Tateet aai Iasaraace. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly installments of principal and interest are payable under the Notes. until the Note is paid in full, a stun (herein "Funds' -equal to one-twelfth of the yearly taxes and assessments which may attain priority. over this Mortgage. and ground rents on the Property, if any, plus one-twelfth of yearly prcmittm installments for hazard insurance. plus otx-twelfth e>f yearly premium installments for mortgage insurance:, if any, all as reasonably estimated initially and from • time to titre by Lender on the basis of assessments and bills and reasonable e~timate~ thereof. The Funds shall be held in an institution the depeuits or accounts of which are insured or guarant_e:ed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assexsments, ituurance premiums and ground rents. Lender may not charge`for so holding and applying the Funds. analyzing said account, or verifying and compiling said assessments and bills. unlexs 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 requires such interest to-be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. 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 the Curds was made- 'Ilse Funds are pledged as additional security for the: sums sescured 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, atsenatents, insurancx premiums and ground rents as they fall 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 Lender shall not be sufficient to pay taxes. assessments, insurance premiums and ground rents as they fall due. Borrower shall pay to Lender any amount necessarry to make up the deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting payment thereof. -Upon payment in full of all auras secured by this Mortgage, lender shall promptly re[und to Borrower any Funds heW by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender. Lender shall apply. tto 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. Applicatloa at Ps~mests. 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 Advancxs. 4. Charges; Lkns. 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 greund rents. if any, in the manner previded under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payce thereof. Borrower shall-promptly furnish to Leader all notices of amounts due under this paragraph, and in the event Borrewer 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 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 ia. iegal proceedings which operate to prevent the enforcement of the,lien or forfeiture of the Property or any part thereof. S. Hazard Iesarance. Borrower shall keepthe 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; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage requirexl to pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subjext to approval by Lender, provide, 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 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 and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration ar repair of b 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 es not economically feasible or if the security of then Mortgage would be impaire, 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 rexpond 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 tfiis Mortgage. Unlexi 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 1 it 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 er acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. - 6. Pres:rvation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments:- Borrower shalt keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property sad 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 pert'orm all of Borrowers 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 Bot:ower and recorded together with this Mortgage, the-FOVenants and agrcements of such ride:- shall be incorporated into and shall amend and supplement the covenants and agrexments of this Mortgage as if the rider were a part hereof. 7. Protection e~f Leader'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 proceeings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appe-arances, disburse such sums and take such action as es necessary to protect Lenders interest, including, but not limited to. disbursement of 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 insurancx in effext until such time as the requirement for such insurance terminates in axordance with Borrower's and