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HomeMy WebLinkAbout1455 . . - ~ 'i Unttrotttt Oovanxrns. Borrower and Leader covenant and agree u follow:: fi. figtwsN of hindpttl tui !Mercer. Borrower :hall promptly pay when due the principal of and interest on the atdebttodtrps evidetsoed by the Note, pcepaymeat and late charges ac provided in the Note, and the principal o[ and interest as .ay Fwtrro Advtutoa stxured by this Mortgage. l1Nis flar'!'aatea a¦tl Ittwnra~e. Subject to applicable taw .x to • written waiver by Lender, Borrower shag Pay to Letsder on the day monthly installments of principal and interest are. payable under the Note. until the Note is paid in full, a sues (herein "Ftttsds'q equal to one-twelfth of the yearly tax~~ and assessments which may attsin priority over this Mortgage, and ground tronb on the Property. if any. plus one-twelfth of yearly premium installtrtents for haurd insurance. plus one-twelfth of yearly premium installments for mortgage insurance, if any, all u reasonably estimated initially and from time to rims by Lender on the base of assessments and hills and reasonable euimates thereof. The Fonds shall be bold in an institution the deposits or accounts of which are insured or guaranteed by a Federal of state agegcy (iachding Lender if Lender is such an inatitutionl. I~nder shall apply the Funds to pay uid taxes. assessrrteats. - imuraaoe premiums and ground rents. Lender may not charge for sn holding and applying the Funds. analyzirr~ said account. or verifying-.and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applitxbk law petnnib Lender to make such a charge. Borrower and Lender may agrce~ in writing at the time of execution of this 4fortgage tl:3t it:ttt^tst im tl:z Ftst:ds s!~!! be paid to Borros+rtr, sad useless each agmmtnt h made or applicable law roquira such inserter to be paid. Leader shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower. without charge, an annwl accounting of the Funds showing credib and debits to the Funds and the purpose for which each dt~it to tba Funds waz made. The Funds are pledged u additional security for the sums secured by ibis Mortgage. _ TE the amount o[ the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of toes. assessments, iawrance premiums and ground rents, shall exoad the arrrorrnt required to pay said taxes. assatrmeats, insurance premiums and ground reab u they tall due, such excess shall be. at Borrower's option, either promptly repaid to Borrower a cred+ted to Borrower on monthly installments of Funds. If the amount o[ the Funds held by Lender-shall not be su1S~t to pay taxes. sast:sstrtenb. insurance premiums and ground rents ss they fall due. Borroerer 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 sxurod by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Leader. If uoda paragraph IS hereof the Property is sold or the Progeny rs otherwise acquired by Lender. Lender atiaii apply, »o later rhea immediately Prior to the sale of the Froperty ar its acquisition by Ler~r. any Funds held by Lender at the time of application u :credit agaimt the sums secured by this Mortgage. 3. ARlicatlM eft iaytseats. Unless appligbk law provides otherwise. all payments received by Lender under the Note sad pantgraphs 1 and 2 hereof shall be applied by Lender first in payment o[ amounts payable to Lender by Borrower under paragraph 2 heteof..tben to interest payable on.the Note, then to the principal of the Note. and then to interest and principal on say Future Advaooes. 1. ~ Hews. Borrower shalt pay all iaxcs, assessments and other charges, fines and impositions sltributabk to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. in the rnanaer _ provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due. directly to the payee thereof. Borrower drall promptly furnish to Lender sll notices of amouab due under this paragraph, and in the evwt Borrower shall make payment directly. Borrower shall promptly furnah to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which haz priority over this Mortgage; provided, that Borrower shall not be required to discharge any such lien so bng az Borrower shall agree in writing to the payment of the obligation secured by such lies in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien its. legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. S. Bazad Irwrawce. Borrower shall keep the improvements now existing or hereafter erected on the Property itrwred t agairr:t loos by fire, hazards included within the term "extended coverage". and such other hazards u Lender may require sad is such amounts and for such periods az Lender may require; provided, that Lender sha'_I not require that the amount of such coverage ereced that amount of coverage required to pay the sums secured ~y this Mortgage. ~ The idstrrantx carrier rovidin the insurance shall be chosen Borrower sub' to by vrdod, { P 8 by lest approval Lender. pro ' ; that such approval shall not be unreasonably withheld. All prcmiurtrs on insurance policies shill be paid in the meaner ptvided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due. directly to the inwratxe carrier. ~ All insurance policies and renewals thereof shall 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 policies and renewals thereof. I and Borrower shall promptly furnish to Lender all renewal notices and all recxipts 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 feazible 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 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 benefits, Lender is autboriud 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 Mortgage. Unless Lender 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 installnteuu. If under paragraph 18 hereof the Property is acquired by Lender. all right, title and interest of Borrower in sad to any itsurance policies and in and to the proceeds thereof resulting from damage to the Property prior to thy: sale or acquisition shall pass to lender to the extent of the sums secured by this Mortgage immediately prior to such sale or x acquisition. - - f. Pt~esenatlow awd Maiwterrance of -Property; Leaseholds; Condominiums; Plswwed Unit Devebpmeats. Borrower shall keep the Property in good repair and shall not commit yvute or permit impairment or deterioration of the Property a 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, Borrower shall perform all of Borrowers obligatioru 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 agrcements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage az if the rider were a part hereof. i 7. Protectiow of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this { Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property. including, but not limited to. eminent domain. insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent. then 1_ender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including. but not limited to, disbursement of reasonable auomey's fees and entry upon the Property to`make repairs. If I~nder require) 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 terminates in accordance with Borrowers and r - a~aK 328 PeGE 1455 . ~ . .