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HomeMy WebLinkAbout0063 . ~ 1t~ • ~ , Urttroaw Covat+ants. Borrower sad Lender covenant and agree as tollows: )ti. tttp~meM of 1reLe4tt1 tnai lrrletratd. Borrower shall promptlf pay when due the principal of and iatet+at oa the i:tdebtedntas evideatxd by the Nde, pcepaymeat and late charges ac provided in the Nde, and the principal of and interest as say Futuro Advances aecttt+ed by this Mortgage. 2. lttuia tar'lhatatt a¦t1 Irtsaraaa~e. Stitbjea to applicable law or to a written waiver by Lender. Borrower shag MY to Leader on the day matthly installments of principal and interest ire. payable under the Nde. until the Nde is paid in fuU, a sum (herein "Fuods'~ equal to one-twelfth of the yeari~• ta>.~~ and assessments which may attain priority over this Mortgage. and ground rents on the Property. if any. plus ottatwelfth of yearly-prertuum installments for hazard insurance. plus Otte-twelfth of yarly premium installments for mortgage insurance. if any. all as reasonably estimated inr~ially and from time to time by Lender on the basis of assessments and hills and reasonable estimates thereo[. The Funds shall be held in an institution the deposits or accounts of which arc insured or guaranteed by a Federal of state agency (including Lender if Lender is such an institution). I~nder shall apply the Funds to pay said taxes, assessrnads. irouraaoe premiums and groutd rents. Lender may not charge form holding and applying the Funds. analyzing said account, or verifying~ad compiling said assessments and bilk, unless Lender pays Borrower interest on the Funds and applipbk law permits Larder to make such a charge. Borrower sad 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 :rich agreement is made or applicable law require 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 purpose 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 of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, inwnnce premiums and ground rents, shall exceed the amount required to pay said taxes, asseasootetrts. irtsunnoe premiums 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 o[ the Funds held by Lader shall not be st~t~eat to pay taxes. aaaasstrtents. insurance premiums and ground rents as they fall due, Borrower shall pay to Larder any amount necessary to make up the deficiency within 30 days fwm the date notice is mailed by Ltoder to Borrower requesting payment thereof. Upon payment is fuU of all soma secured by this Mortgage, Lender :hall promptly refund to Borrower any Funds held by Lender. If under paragraph 18 hereof the Property is sold or the Progeny a dherwise acquired by Lender. Lender shall spply, ra 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 ss a credit against the sums secured by this Mortgage. 3. A~Iicatioa et PayeeNs. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 sad 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. Ctrarges; Lk~s. 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 rents, if any. in the manner provided under puagraph 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. sad 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 brag 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 in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of. the Property or any part thereof. S. Ilmrd Isauawee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against lass by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require sad in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such rnverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The 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 paid in such manner, by Borrower making payment, when due, directly to the ituunnce carrier. i f 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, ~ sad Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. in 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 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 procceds 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 tht 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 Property is acquired by Lender, all right, title and interest of Borrower in sad 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. heserratloa sad Maintenance of Property; Leaseholds; Condominiums; Planned Unit Devebpmeats.. Borrower { 3 shall keep the Property in good repair and shall not commit yvaste or permit impairment or deterioration of the Property i ~ 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 obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the j 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 j 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. Prolectioa of Leader's Security. If Borrower fads 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 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 i fees and entry upon the Property to make repairs. ]f Lender reyiiired mortgage insurance as a condition of making the loan secured by this Mortgage. Barrrwer shall pay the premiums required to maintain such insurance in effect until such time as the requiremem for wch insurance terminates in accordance with Borrower's and r J , fIR c~ BOOK ~J PAGE 63