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HomeMy WebLinkAbout0191 _ _ :mow:-=___ _ ~ - _ - - - _ - ~r~ ~ - ~ tUrttabttas Cbvstut+rs. llorwMer t?ttd Larder covenant and agree as fdbws: L rgttttsttt et Fshse4sl anti 11Mssest. Borrower :IrsO promptly pay wren rhea rite priucipal of sad iabnst on lire iadebbdoest tvidenoed by the Note. prepsyatart std sale charges as provided in the Neb. and tics prirtcipel of cad inletaq an any Futttro Ad+?auoe: secw+od by _this Mortgage, ~ . ~ llttsds htr y~se astt3 ilswtsaoee. Sltbject to applicable law a to a written waiver by 1L,ettder. 8ozttrwcr t~rsll pay ; b Leader on the day oaoathly itsstallaaertts of principal and inttuest irtr. payab4 under the Nt><e,• uaa'1 the Note-it paid in fuN, a sate (iNr+eite "Fuads'q ttgwt to onatvreffth c?t the yacly taxt•s and a:sasrnertes which cony attrtia priority over Ibis b[a'tgaie, and etouRd roab oa for Pr>perty. if nay, pltK woe-twelfth d wearilr'prattitua iastaWacnb for hazard insurance. plus ooattwelith o[ ytaarly prwaium iaudtaxnts for moctpige insurance. if nay. aq ss rrta~onahly ttstitnated initially attd from - titae to tithe by Lender oa the basis of sssessments and hits; and reasonable estiraabt thet~oot. The IPltrrds shall be brat[. in sn instituti~+ the deposits or accounts of which are iraut+ed or guaraat~eed by a Federal otr_ stab sgturcy fiathrding reader if Lander is such an institution). lettdcr shall apply the Fltnd: to pay said taxes; ttss<santeab. iasursnoe p~attiums sad ground rents. Lender rr+ay not cheese-form holding sad applying the Futds, analytirtg ssid attounl. or v~arirying,.and compling said assessnxnts and bills. unless Lender pays 8orrawer interest oa the Furls and appliabk law pamib Landes to make sud? a charge. Borrower std Lender may agroe b writing at tht: time d execution of this Mottgye that lateral on the Ftads shall be paid to Borrower. and. unless snrzh apetier~at is made or applicable law _ ersquira such irctaest to be paid. lender shall hat be required to pay Borrowsr any interest or tmrnitttls on the Ftradc. Lender shall give 1o B~rroMrer, without ta»trge, sn itanusl aceot?nting of the Funds showing crodits and debits to lira Funds std the purpose for which eatdr t[ebit to the Funds was made. The Furds-ace pledged ss sdditiotral security for >t.r starts secured thle M N the attwwrt of thtt Funds held tyy Lends. together with the future monthly irrstallrtients of Funds payable prior to . ~ - tbe due dated of taxes, asstxsnteats, ir+nrrartee premium and ground rents, shall exceed-the amount required to pay said ttrxtx, aaasmeab. iasuraaoe preaaitrros and g[outW rats as thz)r fall due, such excess .shall be, at Borrower's option. eitht:r P+omptly tzpaid to Borrower or credited to @orroarw oa atonthty iratalhaents of Funds. If the :esount of tht Funds - hdd bf? Letdsr-shall not be atd6cie~ to pay taxes, t~asmates, insurance premitans and ground rturb as they fall due, Horrotrtx shall pay to Ltmder any amount necessary to rrrakc up the deficiency within 30 days from the date notice a mailed by Ltmdes' to Borrower requesting paymeit thereof. - Upoa piyaseat is fuB rdi ~ sums secured by this Mortgage, [.ender shall promptly reftmd to Borrower any Funds held by Leader. If under paragraph 18 hereof the Property is sold or the Propery a otherwise scquired by Lender. Lender shall apply. rro later rhea immediately prior to the sale of the Property_or its acquisition by Lender. nay Funds held by Lttoder st the bate of application a: a credit agaimt the sums secured by this Mortgage. 3. Ag~licat[oi d lapneeab. Unless applicable law provides otherwise. all payments received by Lender under tF Note and paragraphs I sad 2 fiereof shalt be apptiaf by Lender Srst in payment of amounts payable to Ltndcr by Borrower - wader psragrapit 2 btxeof. then to interest payable on the Note. then to the princrpal of the Note, and then to interest sad , principal on nay Future Advances. . - 1. Ciarles; Liens. Borrower shall pay all taxtx, assessments and other charges. [ants and impoaitiora attributable to the Property which may attain a priority over this Mortgage, and kssthold pa~rmeats or gr~otind rents, if nay. io the manner ptevided udder 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 paragrsph, and is the went Borivwer shag make payment directly, Borrower shall promptly furnish to Lender ra~eipts evidencing such- psymtxtts. Borro+rrsr strap promptty discharge any iKa which ha: priority over tAis Mortgage; provided, that Bornunrsr shall not be required to discharge any such lien so bng as Borrower shall agree in writing to the payment of the obligation stxurtd by such lieu in a manner acceptable to [.ender. or shall in good faith contest such lien by. or defend tatforeernent of such lien ia, legal ptocoedrngs which operate to prevent the enforrxnsent of the lion ar farfattstt: of the Property or aQy art thteroof. S. 1tliazaN Wweawca Borrower shalt keep the improvements nc,w txistirrg or htrtatter ereticd on the Property iiisurcd agairot loan by-fine, hazards included within the term "extended coverage and such otlxr hazards ss Lender may require sad is such amounts and for such periods as Lender may require; provided, that Lender shall not require flat the ata~wnt of such txn-erage exceed that amount of rnverage requirtd to pay the wins seeuted by this Mortgage. The iawrance carrier providing the insurance shalt ba chasut by Borrower subject to approvsl by Ltyi3er, provide[. that such approval shat! not be unreasonably withheld. All premiums on insurance policits shill be-paid in the maturer provided under paragraph 2 hereof or, if not paid in sr>;h manner. by Bc?•rower making payment, when due. directly to the 4rtsutaoce carrier. _ - . AU insurance policies and renewals thereof shalt 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 pdicies and renewals thtueof. sad Borrower shall promptly furnish to lender all renewal notices and all receipts of paid premiums. In the event of bas, - Borrower shat! give prompt notice to the insurance carrier and Lender. Lender may make proof of less if not made promptly by Borrower. - _ ' Ualets Lender and Borrower otherwise agree in writing. insurance proceeds shall be appiiod to restoration or repair of the Property damaged. provided such restoration or repair is economically feasible and the security of -this Mortgage rs not thereby impaired. If such restoration or repair is not economically feasible or it 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 Properly is abandoned by Borrower. or if Borrower fails to respot.d 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 berie6ts, Linder is authorized to collect and apply the insurance proooeds at Lenrer's option either to restoration or repair of the Property or W the wins stcurtd by this Mortgage. - Uniess Lender and Borrower otherwise agree in writing, any such application of proceeds to principal sha{1 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 instatlmerrts. If under paragraph l8 hereof the Pr~E,erty is acquired by` Lender, al! right. title and interest of Borrower in and to any Ruurance ptlicies and in and to the proceeds thereof resulting from damage to the Property prior to thy: sale or acgtrisi:ion shall 'pass to lender to the extent of lire sums scoured by this Mortgage immediately prior to such sale or acquisition. - i. lhrser•atios i-rd Maiatraaocr of Property; Leaseholds; Coadoariaiaras; Plswata. Unit Dcrtdopmrats. Borrower shall leap the Property in good repair next shall trot comrpit yvaste or permit impairment or deterioration of the Property - aad shall comply v:rth the frovisixrs of any kale if this I?fortgage is on a leasehold. !f this Mangagt is on a unit in a cotdominium or a planned unit development. Bo_.ower :hail perform all of 13orrower'a ohfigations under the de::laration or ooveaants crcattag ar governing the condominium or planned unit devtlopm~ent, the by-laws and regulatio:~s of the ~corsdominirrm or planned wait development, and constituent documents. if a condominium or planned uric devclol+tnent rider is txecuted by BortoKer and recorded together with this Mortgage, the covenants and agreements of such rider shall be incorporated into and shall atnerd and supplement the covenants and agreements of train Mortgage as if the rider were a_ part hereof. _ t 7. Prorectiert of Leader's Stew[ry. If Borrower fails to perform the covenants and agreements container) in this Mortgage, or if any act:.m or proceeding is comn±enced wh:eh materially aRtx:s Lenders interest in the Property, in:luding, but hat limited to. eminent domain. insolvency. code errtorcement, or arrangements or proceedings involving a bankrupt or decedent, then mender at Lender's ogio,~, upon notice to Borrower, may m:+ke such appearances, disburse such .:urns and take such a:t~on as :s necessary to protect Lenders interest, inchrdirg, but not limited to. di<Sursement of reasonauk attorney's fees and entry upon the Property to make repairs. - if under required r..oagagc insurance as a condition of making the ban secured by this Mortgage. Burcower shall pair the premiums required to maintain such iastirarrcx in effect anti'. such time as the requirement for such insurance termrnetes in a'cor+darree with Borrower's and f ~ 8ro PJ~ i