HomeMy WebLinkAbout1221 i
UNtt'OR1~l Covattawn. Borrvwet and Leader covenant and agroe as follows:
IMjrieot at hied atM INereN. Borrower shall promptly pay when due the principal of and interest on the
indebtedrteaa evideooed by the Not0. ptYpaymertt and late charges as provided in the Note, and the principal of and interest
an soy Futuna Advatttxs sceured by this Mortgsge.
F`i tK Tataa arts lttrsra~ce. Subject to applicable law ur to a written waiver by Lender. Borrower shall Pay
to Leader on the day monthly installments of principal and intercct arc. payable under the Note, until the Note is paid in full,
a attm (herein "Funds") equal to one-twelfth of the yearl~• tax~~ and assessments which may attain priority over this
Mortgage, and ground rent on the Property. if any. plus one-twelfth of yeuly~ premium installments for hazard insurance.
plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from
tittle to time by Lender ore the buffs of assessments and hills and reasonable estimates thereof.
The Futtds shall be held in an institution the deposits or accounts of which arc insured or guaranteed by a Federal of
state agenry (including Lender if Lender is such an institution). I~nder shall apply the Funds to pay said taxes. assessments,
insurance praniums and ground rent:. lender may not charge for so holding and applying the Frtrtdc. analyzing said account,
or verifying need oompling said assessments and bilk, unless Lender pays Borrower interest on the Funds and applicable law
permits Lender to trtake such a charge. Borrower and Lender may agres 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 stt+ch 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 annual 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 are pledged as additional security for the sums secured
by thk Mortgage.
If the amount o[ the Funds held by lender, together with the future monthly installments of Funds payable prior to
the due dates of taxes. assessments. irtaurantx premiums and ground rents, shall exceed the amount required to pay said taxes.
asseapaents, insurattoe 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
bdd by Leader shall not be wit to pay taxes. assesstnettts. insurance premiums and ground yenta as they fall due,
Borrower shall pay to Leader any amount necessary to make up the deficiency within 30 days from the date notice is mailed
by Leader to Borrower requestin8 Payment thereof.
Upon payment in full of aA sutm axuted 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 Funds held by
Ltroder at the time of application a: a credit agairtst the sums secured by this Mortgage.
3. A~iieatiast d tgaretab. Unless applicable law provides otherwise, all payments received by Lender under the
Note sad paragraphs t sad 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower
under paragraph 2 hereof. there to interest payable on the Note, then to the principal of the Note. and then to interest and
principal err any Future Advances.
4. Cttarges~ I.ieas. 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 shad promptly furnish to Lender all notices of amounts due under this paragraph. sad in the event
Borrower 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 bng as Borrower shall agree in writing to the payment of the obligation secured by
such lieu in:manner acceptable to Lender, or shat! 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. Hsaard lawrartce. Borrower shall keep the 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
sad in such amounts and [or 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 iuwrance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, provided,
that such approval shall not be unreasonably withheld. All premiums on insurance policies shill be paid in the manner
I provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the
~ insurance curier.
All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage
t clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof.
I 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.
a ~ 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. It such restoration or repair is not economically tensible or if the security of this Mortgage would
be impaired, the insurance proceeds shall be applied to the scans secured by this Mortgage, with the excess, if any, paid
to Borrower. If the Property is abandoned by Borrower, or it Borrower fails to respond to Lender within 30 days from the
date notice is mailed by Lender to Borrower that the insurance carrier otfen to settle a claim for insurance benefits, Lender
I 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 wasting, 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 18 hereof the Pro ferry is acquired by Lender, ail 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. Preservation and Maiuteaance of Property; Leaseholds; Condominiums; Planned Unit f3evebpments. Borrower
shall keep the Property in good repair and shall not comrpit yvaste or permit impairment or deterioration of the Property
= and shall comply with the provisions o[ any lease it 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
rri 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. It 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 Leode~s Security. If Borrower fads 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 invoh•ing 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
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
insurance in effect until such time as the requirement for wch insurance terminates in accordance with Borrower's and
~ 8~~~318 F~E12
i6