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HomeMy WebLinkAbout1826 Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness 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. Fonda for Taxes and Insurance. Subject to applicable law or to a written waiver by lender, Borrower shall pay to Ixnder on theday monthly installments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") egos! 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 Ixnder 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). Lender shall apply the Fonda to pay said taxes, asaeaamenta, insurance premiums and ground rents. Lender 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 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 ouch 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 Fonda was made. The Funds are pledged as additional security for the auma 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 Bo+TOwer's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Fonda. If the amount of the Fonda 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, Lender shall promptly refund tolloriti~lr any fu+itia held by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shau;a~Qlyr 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 applicatiop as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all paymenta• received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by (.ender first in payment of amounts payable to (.ender by.Bortower under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. d. Charges; Liana. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which m:+y attain a priority over this Mortgage, and leasehold payments or ground rents, if:+ny, 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 thereY,f. Borrower shall promptly furnish to (.ender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to bender 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 long as Korrower shall agree in writing to the payment of theobligation secured by sLCh lien in a manner acceptable to Ixnder, or shall in good faith contest such lien by, ordefend enforcement of such hen in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property ur any part there+,f. i. Hazard Insurance. 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 and in such amounts and for such periods as (.ender 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 insurance carrier pnn•iding the insurance shall Ix• chosen by Bnrr+,wer subject ti? approval by I xnder; pruvideYl, that such approval shall nut be unreasonably withheld. All premiums on insurance I?c,lieies shall tx• p:?id in the manner pn?vided under par.+gr•.+ph 'L hereof or, if not paid in such manner, by Borrower making payment, when due, direc•th• to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable w Lender and shall include a standard mortgage clause in favorof and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to ,.ender all renewal notices and all receipts of paid premiums. In the event of loss, Burrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. j Unless Lender and &+rrower othrn+•ise agree in writing, insurances proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economicalh• 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 beimpaired, the insurance procetdsshall beapplied to the auma 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 Lender within 30 days from the date notit•e is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for = insurance benefits, [.ender is authorized to collect and apply the insuranm proceeds at Lender's option either to restoration or repair of the Property or the sums secured by this Mortgage. Unless Ixnder and Borrower otherwise agree in writing, any such application o[proceeds to principal shall not extend or postpone thedue ! date of the monthly installments referred to in paragraphs 1 and 'l hereof or change the amount of such installments. If under paragraph 18 hereof the Property is acquired by (.ender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to Property prior to the sale or acytnsition shall pass to [.ender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. i 6. Preservation and MaintenanceotProperty; [.easeholds:Condominuma: Planned Unit Developments. Borrower shall keep E 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 on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Korrower shall perform all of Borrower's obligations under the declaration or covenants creatingor governing the condominium or planned s unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. If a c undominium or planned unit development rider is executed by' Borrower and recorded together with this Mortgage, the rnvenants and .=Kreements of such rider shall be incurporate,l into and shall amend and supplement therovenant_ti and agreementsofthis Mortgage as if the rider were a part hereof. 7. Protection of Lender's Security. If Borrower fails to perform the rnvenanta and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects l,ender'e interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option,upon notice to Borrower may make each appearances, disburse such sums and take such action as is necessary to protect Lender's interest, rt including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. It Lender required mortgage insurance aB a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effeM until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender e written agreement or applicable Law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. J Any amounts disbursed by Lender pereuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Ixnder to Borrower requesting payment thereof, add shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7, shall require Lender to incur any expense or take any action hereunder. yyK F ~p.j~ ~U~K P~CE l0~?S _ ~ a>