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HomeMy WebLinkAbout1986 3~ ~d ~ ~~t~.~ UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prlnclpal and Intpnst. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, prepayment and late charges es provided in the Note, and the principal of and interest on any Future Advances secured by this Mortgage. Z. Funds forTaxes and Insuance. 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 Note, until the Note is paid in full, a sum (herein "Funds' equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Mortgage, and ground rents on Me Property, if any, plus one•twelith of yearly premium installments for hazard insurance, plus one•twelfth of yearry premium installments for mortgage insurance, it any, all as reasaonabtyestimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates (hereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agencylincluding Lender it lender is such an institution). lender shall apply the Funds to pay said taxes, assessments, insu?ance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account, or veritying and compiling said assessments and bills, unless 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 Borrowerany interest or earnings on the Funds. lender shall give to Borrower, without r~ritge;;ar~ arZRyal.eGcoun?ing ptt$etFurxls shpwing!oreditS drtdl0a$iftl to 1f~Fynds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. II 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, assessments, insurance 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 (got be suftiF~ant~q,pay taxes, assessments, insurance premiums and ground rents as they tall due, Borrower shall payto LerSder an`y af>fttfunt Necessary to make up the deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting paymerit thereof. Upon payment iii full dt'ap•QUhrs~§ecuri~d"6~tfris liibrtgage, Lender shall promptly refund to Borrower any Funds held by Lender. If andaf paragraph. 1$ f1Br4of tttiEft;ropelty_i>31tQld or tttel Pftiperty~ts dhefwise acquired by Lender, Lender shall apply, no later tq~rl~gmed_iateJypriot to.th~ salq Qt theiRrgpBrty or its acquisition by Lender, any Funds held by Lender at the time o~ a~plicat4o~ as a~c~red~ against the sums;Secured by this Mortgage. 3. Appllcatbn oi•Pa~rmerits. 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 Not en to interest and principal on any Future Advances. <;nu~.t COn+i' tn~~'~ 4. Charges; Uens. Borrower shall pay all taxes, assessments and otherchllglMl~positions attributable to the Property which may attain a priority over this Mortgage, and leasehold payrnag~Ar ~re~MiQ~r~tlhe manner provided under paragraph 2 hereof or, it not paid in such manner, by Bohm jrr;aiirng yy~ne Q~y~,~if~lY to the payee thereof. Borrower shalt promptly furnish to Lender aft notices of amountsclu4url th1~'agr~ap h, n e event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidisFiC'ffig ~t~ayments. Borrower shall promptly discharge any lien which has priority over this Mortgage: erovi~ed, that Borrower shall not be requred 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 in, legal proceedings which operate to prevent the enforcement o1 the lien or forfeiture of the Property or any part thereof. 5. Hassrd 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 coverage",and such other hazards as Lender may require and in such amounts and for such periods as Lender require: provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sum secured by this Mortgage. The inSUrgnCe.Aarrierproviding tt~ j(~SUrarlce sj?~tl bechosen fay Borrov~r:r subject fb approve! qy Lender, provided, that such ~pprova~_shall not be. u{ilreta~sgr~ably ~rithh~ld, A(l,premiurn~,on insurance pgGcies~shaU.be paidrin the•manner ~ provided and r ~~agtapti ~:hereoTor. i~not ~id in such manner,by orrower;rpa~cing ~~mlent. ~pih~,n due, di~`Iy Eo insurance? ca~er: All insurance policies and renewals thereof shall be in form acceptable to lender and shall include a standard mortgage clause in favor of and inform~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 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 sums secured by this Mortgage, with the excess, it 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 ~s mailed by lender to Borrowerthat 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 to the sums secured by this Mortgage. f+'_` ~ ` ° ' ` i' ) i t Urfles; Lenderand_~Orra~wer Otherntree ag,~e m v+rriting; any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1.alnd 2 heregl,Ar,ct~a1)ge 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 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. Pnssrvatlon and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shad l not commit waste or permit impairment or deterioration of the Pro- party and shall comply with the provisions of any lease if this Mortgage is on a leasehold. It this Mortgage is on a unit in a condominum or a planned unit development, Borrower shall perform 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 Borrower and recorded together with this Mortgage, the covenants and agreements of such rider shall,be incorporated i~ito and shalt amen anQ•supplament the aovenapts andagre6r~ents of this Mortgage as if the rider were a part hereof. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or it any action or proceeding ~s commenced which .rhalen~ljy affgcts Lenders interest in the Property. including, but not limited to, eminent domain, insolvency, code enf~Srciement; or ar?angements or proceedings involving a bankrupt or decedent, then Lender at Lenders 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, disbursements of reasonable attorneys fees and entry upon the Property to make repairs. It 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 such insurance fermi sates in accordance with Borrowers and ~~K~IS Iq'8o