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HomeMy WebLinkAbout1351 i UNIMORM C'OVFNANTS. Borrower and Lender covcnam and agree as follows: 1. Payment of Principal sod Interest. Ik?rmwer shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, prepayment and late charges as provided in the Nate, and the principal of and interest on any Future Advances secured by this Mortgage. 2. Funds for Ta:ea and letsuaace. Subject to applicable law or Io a written waiver by lender, Harrower shall pay to 1_ender an the day monthly installments of principal and interest are payable under the Note, until the Nate 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 a( 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 I.endcr on the basis of assessments and hills and reasonable estimates (hereof. The 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 !.ender is such an institution). lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. (.ender may not charge for sa holding and applying the Funds, analyzing said account, or verifying and compiling said assessments and bills, unless (.ender pays Borrower interest on the Funds and applicable law permits Lender ta• make such a charge. Harrower and (.ender may agree in writing at the time of execution of this Mortgage that interest an the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid. Lender shall not be required to pay Horrawer any interest or earnings on the Funds. (.ender - shall give to Harrower, without charge, an annual aca~unting of the Funds showing credits and debits to the Funds and the purpose far which each debit to the Funds was made. The Funds arc pledged as additional security for the sums secured by 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 premiumsrnd ground rents, shall exceed the amount required to pay said tars, assessments, 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 Harrower 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 necessary to make up the deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting payment thereat Upon payment in full of all sums secured by this Mortgage, (.ender shall promptly refund to Harrower any Funds held by lender. If under paragraph 18 hereof the Property is Bald ar the Property is otherwise acqu~rcd by (.ender, 1_ender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Ixnder, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by 1_ender under the Note and paragraphs 1 and 2 hereof shall be applied by I.cnder first in payment of amounts payable to I.endcr 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. Charges; i`,.ieas. Borrower shall pay all taxes, assessments and other charges, fines and imlx~sitions 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 Harrower shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender. or shall in goad faith confect 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. Nszard Insurance. Borrower shall keep the improvements now existing ar hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may reyuire and in such amounts and for such periods as Lender may reyuire; 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 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 insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage j clause in favor of and in 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 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 it Borrower fails to respond to 1-ender within 30 da}'s 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 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 and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property pricer 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 I acquisition. 6. Presen•atioa and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste ar 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, and constituent documents. If a condominium or planned unit deselopment E rider is executed by Borrower and recorded together with this Mortgage, the covenants and agreements 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. If Borrower fails 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 Propene, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings invoh ing 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 as a t condition 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 terminates in accordance with Borrower's and r BO~I JeJV PdGE ~e~.~~ 5