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HomeMy WebLinkAbout0780 s- y . ~ - , ~ i .:.ti, UNIt*oay Oovu+ants. Borrower and Leader covenant and agree as follows: ><agrassat of anti IalaeN. Borrower shall promptly pay when due the principal of and interest on the indeetedness evidenced by the Note, prepayment and late charges as provided in the Note, and the principal o[ atd interest ~ on .ay Fwute Advaaoes sawed by this Mortgage. t illtmi fetr Tatres arts lwraace. Subject to applicable law .x to a written waiver by Lender, Borrower shall pay to Lender on the day monthly installments of principal and interest arc. payable under the Note. until the Note is paid in full, 1 a atan (htreitr "Funds' equal to one-twelfth of the yearl~• tax~~ and assessments which may attain priority over this Mortgage. and ground rents oa the Property. if any, plus one-twelfth of yearly premium installments for hazard inwratrce. plus one-twelfth of yearly premiwn installments for mortgage insttrattce, it any, all as reasonably estimated initially and ft+om tune to time by Leader oa the basis of assessments and hills and reasonable estimates thereof. The Funds shall be heW in an institution the deposits orrccounts of which arc insured or gwranteed by a Federal of state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes. assessments, irawaaoe premiums and ground rents. tender may not charge for so holding and applying the Funds. analysing 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 ague in writing at the time of execution of this Mortgage that interest on the Funds shall be paid .to Borrower, and uakss 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 annwl accounting of the Funds showing credits and debits to the Funds and the purpae for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by the Mortgage. if the amount o[ 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. stnepmeats, 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 wlBcieat to pay taxes, assessments, insurance premiums and ground rents ss they fall due. Borrower shall pay to Leader any amount necessary to make up the deficiency within 30 days from the date notice is mailed by Leader to Borrower requesting payment thereof. Upon payment is full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any ~ Funds held by Leader. If under paragraph 18 hereof the Property is sold or the Property rs 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 Leader at the time of application as a credit against the sums secured by this Mortgage. 3. A~iicatioa of Pap~weats. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower 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. 4. t,'Yartes; Uetss. Borrower shall pay all tars, 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 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 ia, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. S. Hazaard lewrawce. 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 as 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. The iruurancx carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, provided, j that wch 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 paid in such manner, by Borrower making payment, when due, directly to the inwraace 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 irr form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof. and Borrower shall promptly furnish to Lender all 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 less 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 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 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 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 Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall rani extend or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. If under paragraph 18 hereof the Pro ferry is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sate of acquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall ndt comrpit yvaste 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, 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. end 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 as if the' rider were a part hereof. 7. Protection of Lender's Security. 1f Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding a 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 lender 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 ' reasbnable attorney's tees and entry upon the Property to make repairs. If f_cnder required mortgage insurance as a condition of making the loan secured by this Mortgage. Borrower shall pay the premiums required to maintain such insurance it effect until such ume as the requirement for such insurance terminates m accordance wish Borrowers and 81.1 Pd~f ~OV .