Loading...
HomeMy WebLinkAbout0463 Korrower 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 latecharges as provided in the Note, and the principal otand intereston any Future Advances secured by this Mortgage. 2. Ftiutds for Taxes and Insurance. Subject 4, applicable law or to a written waiver by i.ender, Borrower shall pay to Ixnder on the day monthly installments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal 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 onetwelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by (.ender 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 iincluding (.ender if (.ender is such an institution). (.ender shall apply the Fonda to pay said taxes, assessments, insurance premiums and ground rents. (.ender may not charge for so holding and applying the Fonda, analyzing said account, or verifying and compiling said assessments and bills, unless (.ender pays Borrower interest on the Runde and applicable law permits !.ender to make such a charge. Borrower and !.ender 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 such interest to be paid, [.ender shall not be required to pay Bonrower any interest or earnings on the Fonda. 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 Funds was made. The Funds are pledged as additional security forthe sums secured by this Mortgage. if the amount of the Fonda 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 exctied the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at BorTOwer'e option, either prorptly repaid to Bonrower or credited to ~onrower on monthly installments of Fonda. If the amount of the Funds held by !.ender shall not be sufficient to pay taxes, asaesamenta, 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 soma secured by this Mortgage, !.ender ah$ll promptly refund to Borrower any funds held by (.ender. If under paragraph IS hereof the Property is sold or the Property is otherwise acquired by !.ender, bender shall apply, no later than immediately prior to the sale of the Property or its acquisition by (.ender, any Fonda held by (.ender at the time otapplication as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, ail 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 !.ender 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 princ+pal on any Future Advances. 4. Charges; Liens. 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 any, in the manner provided under paragraph `L 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 al notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Born,wer shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage; provided, that iturrower 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 olsuch lien in, legal proceedings .which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against lose by fire, hazards included within the term "extended rnverage,"and such other hazards as (.ender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require such rnverage amount exceeding the minimum, as may be required by state or federal regulations governing activities of Lender, or that amount of coverage required to pay the sums secured by this Mortgage, whichever is the greater. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by (.ender; pm~•ided, that such approval shall not be unreasonably withheld- All premiums on insurance policies shall be paid in the manner pn,vided under par-.rKrrph 2 hereof or, if nut paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance policies'and renewals thereof shall be in form acceptable to 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, Borrower shall give prompt notice to the insurance carrier and (.ender. Lender may make proof of lose if not made promptly by Borrower. I Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property j 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 some 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 the auras secured by this Mortgage. Unless Lender and Borrower otherwise agreein writing, any such application of proceeds to principal shall not extend or postpone thedue date of the monthly installments refenrd to in paragraphs 1 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 and to any insurance policies and in and to the proceeds ~ thereof resulting from damage to Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this t Mortgage immediately prior to such sale or acquisition. k 6. Preservation and Maintenance of Property; Leaseholds; Condominuma; Planned Unit Developments. Borrower shall keep • ~ 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 Borruwei s obligations under the declaration or covenants creatingor 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 r,Kreements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the 4 rider were a part hereof. x 7. ProteMion of Lender's Security. If Borrower fails to perform the oovenanta and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lendei a interest in the Property, including, but not limited to, eminent domain, insolvency, ads 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 Lender required " mortgage insurance ae a rnndition 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 tenninatea in accordance with Borrower's and Lender's written agreement or applicable Law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender persuant to this paragraph 7, with interest thereon, shall become additional indebtedness of ' - Korrower secured fiy'this~Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and 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 a:pence or take any action hereunder. z . ~e K ~36 PacF 46z f ~¢T~. . ~ ~ ~ 'ice h ~ ~ ~ ~ =fig!-...~3 ~-GA 3~_