HomeMy WebLinkAbout2712 1 .1 ~
UNIFORM CoveNArtTS. Borrower and lender covenant and agree as follows:
1. Payment of Priaclp~u :..:d later-,t. Borrower shall promptly pay when due the principal o[ and interest on the
indebtedneu evidenced by the Note, prepayment and late charges as provided in the Note, and the principal of and interest
on any Future Advances secured by this Mortgage.
2. Funds for Taxes and Insurance. 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 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 premium installments for hazard insurance,
plus one-twelfth of yearly premium installments for mortgage insurance, if any. all as reasonably estimated initially and from
time to time by Lender on the basis of assessments and bills and reasonable estimates thereof.
The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or
state agency (including Lender if Lender is such an institution). tender shall apply the Funds to pay said taxes, assessments.
insurance premiums and ground rents. 1_ender may not charge for so holding and applying the Funds, analyzing said account,
or verifying and compiling said assessments and bills, unless Lender pays Borrower interest an 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 Funds was made. The Funds are pledged as additional security for the sums secured
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.
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 not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due,
Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 da}•s from the date notice is mailed
by Lender to Borrower requesting payment thereof.
Upon payment in full of all sums secured by this Mortgage, Ixnder 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
Lender at the time of application as a credit against the sums secured by this Mortgage.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the
Note and paragraphs 1 and 2 hereof shall be applied by 1_cnder first in payment of amounts payable to Lender by Borrower
under paragrapl~ 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and
principal on an}• Future Advances.
4. Charges; Liens. 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 shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event
Borrower shall make pa}•ment directly, Borrower ;hall promptly furnish to Lender receipts evidencing each 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 in,
legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof.
S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss hy_fire. hazards included within the term "extended coverage", and such other hazards as 1_ender may require
and in such amounts anJ for such periods as Lender ma}• require; provided, that 1_ender shall not require that the amount of
such coverage exceed that amount ut coverage regwreo to pay the sums secun~d oy tnis iriongage.
Tire insurance carrier providing the insurance shall be chosen by Borrower subject to approval by lender; provided,
that such approval shall ~rtat be unreasonably withheld. All premiums on insurance policies shall be paid in the manner
provided under paragraph 2 hereof or.'if not paid jq 3uch mannerLby Borrower my{cing payment. when due, directly_to the
insurance rattier. • .
All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage
f clause in favor of and in form acceptable to Lender. Lender shall has•e the right to hold the polities and renewals thereof,
s and Borrower shall promptly furnish to Lenderall 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
b}• Burrower.
~ Unless Lender and Borrower otherwise agree in yvriting, 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 erunomirally 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, if any, paid
) to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to 1_ender 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 this ~fortgagc.
a Unless 1_ender 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 18 hereof the Property is acquired b}- Lender, all right, title 'and interest of Borrower
1 in and to any insurance policies and in and ro the proceeds thereof resulting from damage to the Property prior to the sale
or acquisition shall. pass to Lenderlo the extent of the_sums secured by this Mortgage immediately prior to such sale or
acquisition. _ _
6. Preservation and Maintenance of Propert}; Leaseholds; Condominiums; 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 of any lease if this Mortgage is ur. a leasehold. If this Mortgage is on a unit in a
j_ condominium ur a planned unit development, Borrower shall perform all of Borrower's 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 c~mdominium or planned unit development ~
3 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 1ortgage as if the rider
Here a part hereof.
j 7. Protection of Lenders Security. If Burrower fails to perform the covenants and agreements contained in this
Mortgage. ur if any action or proceeding is commenced which materially affects Lender's interest in the Property,
tt including, but nut limited to. eminent domain.. insolvenc}•. code enforcement, or arrangements or proceedings involving a z
bankrupt or decedent. then l_cnder at Lender's option, upon notice to Borrower, may make such appearances. disburse such 3
sums and take such action as is necessary to protect Lender's interest. including. but not limited to, disbursement of i
reasonahle attorne}•'s tees and entry upon the Property to make repairs. If Lender required mortgage insurance as a f
cundrtian of making the loan secured by this Mortgage, Burrower shall pay the premiums required to maintain such
insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and
C ~ ,Lf~c.~ • h~,rp~
a~{~3~.$ YAcE270~