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HomeMy WebLinkAbout1950 s - ~ ~ r. Borrower and Lender covenant and agree as follows: - 1. Pay-a~ent o! Prlacipal and Interest. Borrows: ahaU promptly pay when due the principal of and interest on the indebtedness evidenced by Ws Note, prepayment and late charges eu provided in the Note, and the prindpal of and interest on aWr Future Advances secured by_ this Martgaga 8. Funds for Tues sad Insurance. Subject to applicable law or to a written waive by Lender, Borrower shall pay to Lsnda on the day monthly inataUments of principal and interest are payable ender the Note, until the Note is paid in frill, a sum (herein "Fhnds'~ equal to one- twelfth of the yearly taxes and assessments which may attain priority over this Mortgage, sad ground rents on the Property. if any, plus otte~ twelfth of yearly premium installments for hasard insurance, Plus onatwelith of yearly premium installments for mortgage insurance, if any. all as reasonably estimated initially and.from time to time by Lends on the basis of assessments and bills and seasonable estimates thereof. TM Fonda shall be held in as inslitntisn the deposits or aooounts of which are insured s guaranteed by a Federal or State agency (indoding Lends if Lender is such an institution). Lender ehaU apply the Fords to pay said taxes, assessments. insurance premiums and ground rent. Lender may not duu~e for so holding and applying the PLnds, analyzing said account, or vsifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender b make such a d?arge. Borrower and Lender may agree in writing at the time of ezecation of this Mortgage that interest on the Funds shall be paid to Borrows: and unless suds agreement is made or applicable law requires such interest to be paid, Landes sh311 not be required to pay Horrowa any interest os earnings on We Fends. Lender shall give to Borrower, without diarge, sn annual aeoountiag of the fiends showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The fiords an pledged as additional security for the sums secured by this' Mortgage. If the amount of the Fluids held by Lender, togeths with the future monthly installments of Fonda payable prior tothe due dates of taxes, assessments. insuranee preminma and ground rents, shall ezoaed the amount required to pay said taxes, assessments, insurance premiums and ground rents as Wry fall due, each a:oess shall be, at Borrower's option, eiWer 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 eniBcient to pay tares. assesameata, insurance premiums and ground rents as they fall dam, Borrower shall pay to Lends any amount necessary to make up the deSciency within 30 days from the date notice is mailed by Lends to Borrower requesting Payment thseoL Upon payment is fall of aU sums secured by this Mortgage. Lender shall promptly refund to Borrower any funds held by Leads. Tf ender - paragraph 18 hereof the Property is sold er the Property is atharei ies~ituro3 ss I:aader. I.a~ s1za12 apply, ao later than immediately prior to the sale of the Property orits aogniaition by Lends; any fiords held by Leader atthe time of application as a credit against the sums secured by this Mortgage. 3. Applk~ation of Payments. Unless applicable law provides otherwise. all paymeata received by Fender 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 lathe principal of the Note, and then to interest and principal on any Future Advaaeee. 4. Charges; Liens. Borrower shall pay all taxes, assessments and oths charges, fines and impositions attributable to the Property which may attain a priority ova: this Mortgage, and leasehold payments or ground rants, if any, in themanner provided under paragraph 2 hereof or, if not paid in such manna, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly tarnish to Lender all notices of amounts due ands this paragraph. and in the event Borrows shall make payment directly, Harrower shall promptly furnish to Leads receipts evidencing such payments. Borrows shall P~PdY discharge any lien which has priority ova this Mortgage; Provided, that Borrows shall not be required b discharge any such lien eo bug as Borrows shall agree in writing b the payment of the obligation secured by . such lien in a manna aeoeptable to Lends, or shall in good faith contest such lien by, or defend enforoesnent of such lien in, legal prooeedinga which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 5. Hazard Insnraaoe. Borrows shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "eztended emrsage," and such orbs hazards as Lends may require and in such amounts and for such periods as Lends may req~ provided, that Lender shall not require each courage amount exceeding the minimum, as may berequired by state or federal regalationa governing adivilies of Leads, or that amount of coverage required to pay the sums secured by this Mortgage, whichevs is the greats. _ The insurance carrier providing the insurance shall be chosen ly Borrows subject to approval by Lender, provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manna provided ands paragraph 2 hereof or, if not paid in arch manna. by Borrows making Payment, when due, directly to the insurance carrier. All insurance poliQes and renewals thereof shall be in form acceptable to Lends and shall indcde a standard mortgage daueein favor of and in form acceptable to Lends. Leadaahall have theright to hold the policies and renewals thereof, and Borrows shall promptly fnrniah to ~ i.ends all renewal notices and all receipts of paid premiums. In the event of lass, Borrows shall give prompt notice to the insurance carris and Leads. Lends may make proof9f lose if not~made promptly by Borrows. Unless Leader and Borrows otherwise agree in writing, insurance prooeeda shsH be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible sad the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the eecarity et this Mortgage would be impaired, the insurance prooeeda shall be applied to the rams secmed by this Mortgage. with the ezoESS, if any, Paid to Borrows. If the Property is abandoned by Borrows. or if Borrows fails to respond to Lender within 30 days from the date notice is mailed by Lends to Borrows that the insurance cams offers to setae a claim for insurance beae5ts, Leads iaanthorized to collect and apply the insurance prooeeda at Lender's option eiths to restoration or repair of the Property or the soma secured this Mortgage. Unless Lends and Borrows otherwise agree in writing, any such application olprooeedsto principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hseof or d~ange the amaant of each installments. If Wads paragraph 18 hereof the Property is acquired by Leads, all right, title and interest of Borrows in and to any insurance policies and in and to the proceeds thereof resulting from damage to Proper4y Prior to the sale or acquisition shall pees to Lends to tbe extent of the sums secured by this Mortgage immediately prior to such sale or sognidtion. 6. Preservation sad l[aintenance of Property; Leaseholds; Condominama; Planned Unit Developments. Borrows shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and ahaU 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, Borrows shall perform all of Borrower's obligations ands the declaration or covenants a~eatingor governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent docaanents. If a condominium or planned unit devebpment rids is executed by Borrows and recorded togeths with this Mortgage, the eovenants end agreements of such rids shall be incorporated into and shall amend and anpplement the covenants and agreements of this Mortgage as if the rids were apart-hereof: 7. Protection of Lender's Seenrity. If Borrows fails to perform the covenants and agreements contained in this Mortgage. or if any _ action or proceeding is eommenoed which materially affects Leader's inteteed in the Property. inducting, bat not limited to, eminent domain. insolvency, code enforcement, or arrangements or proceedings involving a banlQnpt or deoedeat, they Lender at Leader's optionnpon notice to Borrower may make such appearances. disburse such sums and take wch action as is necessary to protect Leader's intsest, indoding, but not limited to, disbnnemeat of reasonabk attarncy's fees and entry upon the Property to make repairs. If Lords required mortgage insurance as a onndition of making the loan secured by this Mortgage, Borrower shall pay the pr+eminms required to maintain such insurance in effect until such time as the requirement for such insurance laminates in aooordance with Borrower's and Leader's written agreaneat err applicable Law. Borrows shall pay the amount of all mortgage insurance premiums in the manner provided ands paragraph 2 hereoL Aay amounts disbursed by Lerida persuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrows secured by this Mortgage. Unless Borrower and Lender agree to orbs terms of Payment, such amoanb shall be payable upon notice from Leads to Borrower requesting payment thereof and shall bear interest from the date of disbnrsemeat at the rate payable from time to time on ontatanding principal nods the Note adess payment of interest at such rate ~?ould be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible ands applicable Iaw. Nothing contained in this paragraph shell require Leads to incur any expense or take any action herennds. a~~x3~7 PacE1947 t ,i