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HomeMy WebLinkAbout1030 • j~ , Untpotut CoveHSNTS. Borrower and Lender covenant and agree u follows: 1. hytweof of rrMctpal atad interest. Borrower sh:ll promptly pay when due the principal of and interest on the indebtedrtesa evidenced by the Note. prepayment and late charges as provided in the Note, and the principal o[ and interest on any Future Advances secured by this Mortgage. tt~aads for Ttutea aad laatsoce. Subject to applicable law ur to a written waiver by Lender. Borrower shall pay to Lender on the day monthly installments of principal anJ interest rrc payable under the Note, until the Note is paid in full, a sum (herein "Fonda") equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Mortaaae, and around rents on the Property, if any, Flus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, it any, all as reasonably estimated initially and tram time to tithe by Lender on the basis of assessntcnts and hills and reasonable estimates thereof. The Funds shall lx held in an institution the deposits or accounts of which are insured or guaranteed by a Federal of state agency (including Lender it Lender is such an institution). 1_ender shall apply the Funds to pay said taxes, assessments, insurance Premiums and ground rents. Lender may not charge (or so holding and applying the Funds. analyzing said account. or verifying artd compling 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 rcquira such interest to be paid. Lender shalt 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. 71te Funds are pledged u 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 data of taxes, assessments, insurance premiums and ground rents, shalt exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they tall due, such excess shall be, at Borrower's option, either pranptty 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 days from the date notice is mailed by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Mortgage, i,ender 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. Appticatioe of Fayments. Unless applicable taw provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by I_eniler first in payment'o[ amounts payable to Lender by Borrower under paragraph 2 htrcof, then to interest payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. 4. Charges; ti.iens. Borrower shall pay all talcs; 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 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 tx 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 g,x?d faith contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the I,en or forfeiture of the Property or any part thereof. S. Hazard Irrsuraaee. Borrower shall kcep 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 and in such amounts and for such periods a: 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. 77te insurance 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 shall be paid in the manner provided under paragraph 2 hereof or, if not pai9 in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance poGciec and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable a+ Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shad promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall grey prompt nonce to the insurance earner and lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance procceds shall be applied to restoration or repair of the Property Damaged, provided such restoration or repair is rconomicatly feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is nut economically feasible or if the security of this Mortgage would be impa,red, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property n abandoned by Borrower, or it Borrower fails to respond to Lender within 30 days from the date notice rs marled hp Lender to Borrower that the insurance carrier otTers to settle a claim for insurance benefits, Leader is authorized to collect and appl? the imurance proceeds at Lcndcr's option either to restoration or repair of the Propene or to the sums secured by this Mortgage Unless Lender and Borrower otherwise agree rn writing, any such application of proceeds to principal shall not extend or postpor:e the due date of the m++nthh~ installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. if under paragraph 18 hereof the Projerq is acywred by Lender, all right, title and interest of Borrower in and to any Insurance policies and m and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the ext•~nt of the sums scoured by this Mortgage immediately prior to such sale or acquisition. 6. Preservation and 3ltintenance of Property; Leaseholds; ('ondominiums; Planned Lnit Ihvelopments. Borrower shall keep the Property in good repair and shalt not oomroit y~aste or permu impairment or deterioration of the Property and shall comply with the pros•isions of any lease rt the. Mongage a tin a leasehold. If this Mortgage is on a unit in a condomin:um ur a planned unit dt~seloprttent, Borrower .h,,l! l+e-rtorin all of Borrower's obhgahons under the declaration or covenants. creating or gavermng the cundonnmum or planned umt development, the by-laws and regulations of the condominium or planned unit development. ,,rid rnnstitucnt d,xumems. If a condominium or planned umt development rider is executed by Borrower and recorded together w,th this Mortgage, the covenants and agreeritents of such rider shalt be incorporated into srid shalt amend an<l su{~pkment the covenants and agreements of th,s Mortgage as if the rider were a part hereof. 7. Protection of Lenders Security. If Harrower ta~h t+. perform the covenants and agreements contained in this Mortgage. or if any action or proceeding i, commcr,,eJ which materially affects Lender's interest in the Property, including, but not hmrted to. em,neM domain. uisoheucs. c++tle enMrrement. or arrangements or proceedings invoh~ing a bankrupt or decedent. then 1 ender at l ender's opti,•n, up+~n notice to Borrower, mad make such appearances, disburse such sums and take such action as is necessary to pmtrct Lender's interest. rncludrng. but not limned to. disbursement of reas<mahle anorney's tees and entry up+ai the Pr<+perts• to make repass. It Lender rcyuirrd mortgage insurance as a condition +.f making the loan secured by this \t~+rtg.+~r. Horrrwcr shall pay the premnuns required to maintain such insurance in rifest until such time as tt?e reyuirenient for wch insurance terminates ,n ac,ordance with Borrower's and '`k 32`7 ~~~f 10`29 . e~;11x • r