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HomeMy WebLinkAbout1703 ~ ~T ' ~ , ~ i ` Q ~ ( lp}jaj { t Y vI M`~ i Utttrolta[ tbvtttNeNra. Borrower turd I~eoder covenant and agree as follows: >ti. FgmeM art hitelwl atsd la/ssreel. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. prepayttuatt and late charges ac provided in the Note. and the principal of turd interest otr say Futtue Advatx'es secured by this Mortgage. t ltNit fee Tasea atsti ltuwrra¦te. Stirbject to applicable law .x to a written waiver by Lender. Borrower shall pay to Lender on the day monthly installments of principal and interest ~re payable under the Note. until the Note is paid in [tell, a tttstrt (herein "Ftrnds'~ equal .to aro-twdith of the yearly taxt,~ and assasrnents which tray attain priority over this Mafgage, and ground rend on the Property. if any, plus one-twelfth of yearly premium installrrtettts for hazard insurance. plus otx-twelfth of yearly premium installments for mortgage inurrance, it any, all as reasonably estimated initially and from dme to tithe by Leader on the basis of assessments and hills and rcssonabk estimates thereof. 'Ibe Fonds shall be held in an institution the deposes or accounts of which are inwred or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). 1_ender shall apply the Funds to pay said taxes, assessments, inwrattoe premiums and ground rents. !.ender may not charge for so holding and applying the Frtnds. analyzing said account, or verifyingsnd compling said assessments and bills, unless Lender pays Borrower interest on the Funds and applidbk 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 unlsss 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 annual aceounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured • by this Mortgage. Tf the amount o[ the Funds held by Lender, together with the future monthly inuallrnents 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. ast~asments, irl:urance prcmiuttu and ground rents as they tall 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 odd by Lender shall not be wf6cient to pay taxes, assessments, insurance premiums and ground rents ss 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 to Borrower any Funds held by Lender. If under paragraph 18 hereof the Property is sold or the Progeny a 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. Aida of Pgmeats. Unless applicable law provides otherwise, all payments received by Lentkr under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower tender 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. Crarges; Lktss. Borrower shall pay all taxes, assessments and other charges. fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rants. if any, in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, what 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 rtquired to discharge any such lien so bng as Borrower shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender, or shalt in good faith contest such lien by, or defend enforcement of such lien iq legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. ; S. Hazard Iaearawee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured 1 against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require i 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. ii The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, providd~, that such approval shall not be unreasonably withheld. All premiums on insurance policies shill 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 t inwrance 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, E wd Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. 1n the event of loss, i Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly f 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 economtcally feasible or tf 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 Progeny 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 not extend or postpone the due date of the monthly installmcntc referred to in paragraphs I and 2 hereof or change the amount of such installments. If under paragraph 18 hereof the Progeny 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 sale or acquisition. 6. Pr+esen•ation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Devebpments. Borrower ~ shall keep the Property in good repair and shall not comrpit waste or permit impairment or deterioration of the Progeny and shall comply with the provisions of any lease if this Mortgage is un a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrowers 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, and constituent Documents. If a condominium or planned unit development rider is executed by Borrower and recorded together with this Mortgage, the covenants and agreements of such rider- shall beincorporated 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. It Burrower fails to perform the covenants and agreements contained in this Mortgage, or if any action ur" proceeding is cummenceJ which materially affects Lender's interest in the Property, including, but not limited tu, eminent domain. in~olvenc}', 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 reasonable attorney's fees and entry upon the Property to make repairs. if 1_cnder required mortgage insurance as a cond~don of making the loan cecureJ by this Mortgage. Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for wch insurance terminates in accordance with Borrowers and • - ~~331 P~E~.7~z -