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HomeMy WebLinkAbout1006 - • ~ iti.~• • UNIFORM COYFN.~NTS. Burrower and Lendef l'OVCnanl and attrCC a~ follows: 1. Payment of Principal sad Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Nute, prepayment anJ late charge as provided in the Note, and the principal of and interest on any Future Advances secured by this Morlgagc. T. Rands for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly installments of principal and intcrest arc payable under the Note, until the Note is paid in full, a sum (herein "Funds"1 equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Morlgagc, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and hills and reasonable estimates thereof. "Ilre Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge fur su holding and applying the Funds, analyzing said account, or verifying and compiling sail assessments anJ hills, unless Lender pays Borrower intcrest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at th+: time of execution of this ~ Mortgage that intcrest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law • • requires such intcrcst to be paid, Lender shall not be reyuiretl to pay Burrower any intcrest ur earnings on the Funds. 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 pk~tlged as additional security for the sums secured hy'this 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, insurance premiums and ground rents, shall exceed the amount reyuircd to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Burrowers 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 sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessar}• to make up the deficiency within 30 da)~s irortr the date notice is mailed by Lender to Borrower rcyucsting payment thereof. ' ' Upon payment in full of all sums secured by this Morlgagc, Lcndcr shall promptly refund to Borrower any Funds held by Lcndcr. If under paragraph lt; hereof the Property is sold ur the Property is otherwise.acquired by [.ender, 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 Morlgagc. 3. Application of Payments. Unless applicable law pn.vides otherwise, all payments received by Lcndcr under the Note and paragraphs 1 and 2 hereof shall be applied by Lcndcr first in payment of amounts payable.to Lcndcr by Borrower under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to intcrest and principal on any Future Advances. 4. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Propert}• 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 Burrower 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 direrth•, Burrower tihall promptly furnish to Lcndcr 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 Burrower 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, ' icgal proccedings which operate to prevent the enforcement of the lien or forfeiture of the Property or an}• part thereof. 5. Hazard Insurance. Borrower shall keep the impmyemcnts now existing or hereafter erected on the Pr.~perty insured against loss M• fire. ha-tards included within the term "extended coverage", and such other hazards as Lcndcr may reyuire and in such amounts and for such periods as Lcndcr may reyuire; provided, that Lender shall not reyuire that the amount of such coverage exceed that amount of coverage required to pay the sums secured b}• this `tortgage. The insurance rattier providing the insurance shall he chosen by Burrower subject to approval b}• Lcndcr, provided, I' 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 insurance carrier. All insurance policies anJ renewals thereof shall be in form acceptabli: to Lcndcr and shall include a standard mortgage clause in favor of and in form acceptable to Lender: I_endcr shall have the right to hold the policies and renewals thereof. and Borruw•er 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 loss if nut made promptly b}• Borrower. Unless Lcndcr and Borrower otherwise agree in writing, insurance pnxeeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this 11~ortgage is s not thereby impaired. If such restoration or repair is not ec~~nomically feasible or if the security of this Mortgage would be impaired. the insurance proceeds shall be applied to the sums s~cttred b}• this Mortgage. with the excess, if any, paid to Borrower. if the Propert}~ is abandoned by Borrower, or if Borrower fails to respond to Lender within 3U days from the ~ date notice is mailed b}• 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 ur to the sums secured b}• this ;\iortgage. ~ ~ Unless Lcndcr and Borrower otherwise agree +n writing, an}• 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 installments. If under paragraph IS hereof the Propert}~ is acquired h}• Lender, all right, title and interest of Borrower in end to any insurance policies and in and to the proceeds thereof resulting- from damage to the Property prior to the sale t or acquisition shall pass to Lender to the extent of the: sums secured by this Mortgage immediately prior to such sale or 3 i acquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Deyelopmenls. Borrow•cr shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property 3 and shall compl}• with the provisions of any lease if this Morlgagc is on a leasehold. If this Mortgage is on a unit in a s condominium ur a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating ur 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 b}' Borrower and recorded together w+th this Mortgage, the covenants and agreements of such rider shall be incorporated into and sh:+Il amend and supplement the covenants and agreements of this Mortgage as if the rider were a part hereof. s 7. Protection of Lenders Security. If Borrower fails to perform the covenants and agreements contained in this y Mortgage. ur if any action or procccdmg is rummenced which materially affects Lender's intcrest in the Properq•, includurg. but not limited to, eminent domain. insoh~ency, code enforcement, or arrangements or pr~xeedings invoh ing a 1 banks+pt ur decedent, then lender at Lender's option, upon notice to Borrower, m:+}- make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including. but nut limited to, disbursement of reasonable attorney's fees and entry ufxm the Property to make repair.. If Lcndcr reyuircd mortgage insurance ac a condition of making the loan secured b}• this Morlgagc. Borrower shall pay the premiums required to maintain such - insurance in effect until such time as the reyuiremem fur such insurance terminates in accord8nce with Burrrwer's and - 8Q1Kc~c 6 PAGE~~4 i F k ~ _ _ _ t