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HomeMy WebLinkAbout0150 • .1. ~ • • Borrower and Lender covenant and agree as folbws: 1. Payment of Prlacipal sad Interest. Borrower 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 Note, and the principal otand interest on any Future Advances secured by this Mortgage. 2 Funds for Taxes and Insurance. Subject b applicable law or b a written waiver by I.ender. Borrower shall pay to Lender on the day monthly installments of principal and interest are payable under the Note. until the Note is paid in full, a sum (herein "PLnds'~ equal b one- twelfth ofthe yearly taxes and assessments which may attain priority over this Mortgage, and ground rents on theProperty, ifany, plwone- tweltth ofyearly premium installments for hazard insurance, plus onetwel Ith o[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 bills and reasonable estimates thereof. The Funds ahaU be held in an institution the deposits or accounts of which are insured or guaranteed by s 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 for so holding and applying the Funds. analyzing said account. or verifying and compiling said assessments and bills. nnlesa Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrows: 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 unless such agreement is made or applicable law requires ouch 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 accounting of the Funds showing credits and debits b the Funds and the purpose for which each debit to the Funds was made. Tire Funds are pledged as additional security for the soma secured by thin Mortgage. If the amount of the I~tads held by Lender, together with the future monthly installments of Funds payable prior to the due dates creases, assessments. insurance premiums and ground rents, shall exceed the amount required to pay said taxes, 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 fo Borroweron 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 b Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed bn? Lender to Borrower requesting payment thereof. Upon payment in full of all some secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. I[under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its e[oquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secnred by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and n paragraphs 1 and 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 Futnre Advances. 4. Charges; Liens. 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, itany, in the manner provided under paragraph 2 hereofor, 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 direMly, Borrower shall promptly famish 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 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 otsuch lien in, legal proceedings which operate to prevent the enforcement oI 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 lass by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such mounts and for such •periods as Lender may require; provided, that (.ender shall not require that the amount of such coverage exceed that amount of coverage required to pay the soma secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Iorrower subject W 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 paragraphs hereof or, if rat 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 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 iender all renewal notices and all receipts of paid premiums. In the event of loss, Born~wer 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 . _ _ _ _ f damaged, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such IIII *~toration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the auma 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 soma secured by this Mortgage. LJnlesa Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone thedue date of the monthly installments referred to in paragraphs 1 and 2 hereolor 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 fran damage to Property prior to the sale or acquisition shall pass to Lender fo-ihe extent of the sums secured by this Mortgage immediately prior to such Bale or acquisition. 6. Prebervation and Maintenance of Property; Leaseholds; Condominums; Planned Unit Developments. Borrowerahall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall rnmply with the provisions of any lesae 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 rnvenants creatingor governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and rnnatituent 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 be incorporated into and shall amend and supplement thecovenants 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 oovenante and agreements rnntained in this Mortgage, or if any action or proceeding is rnmmeneed which materially affects Lender's interest in the Property, including, but not limited to, eminent domain. t 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 ie 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 condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain 1 such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower s and Lenders written agreement or applicable Law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided undo paragraph 2 hereof. My amounts disbursed by Lender pereuant to this paragraph with interest thereon, shall become additional indebtedness of Borrower..secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be pdyable 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 ouch rate would be contrary to applicable law. in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing rnntained in this paragraph 7, shall i require Lender to incur any expense or take any action hereunder. i a J I OR g g~verv PAGE 1~9 ~ 4 1 ._,w,~ _ _ _ _ ~ _ ` ~ti r i