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HomeMy WebLinkAbout1225 .a f 1 i Borrower sad Lender covenant sad ages as folbws: 1. Payment of Principal and iiatereat. Borrower ehaU promptly pay when due the principal of and interest on the indebtedness evidenced by chs Note, prepayment and late charges as provided in the Note. and the principal of and interest on any Future Advances second by this Mortgage. ~ ' Z. Funds for Taws sad Inauraaee. 3ubjed to applicable law or to a written waiver by Lender. Borrows shall pay to Lender on the day monthly inaWLaents of principal sad interest are payable under the Note. until the Note is paid in full, a sum (herein "PLnds") equal to one twelfth of the yearljr taxes and assessments which may attain priority over this Mortgage, and ground ants ontheProperty, ifany. plwone- twelfth ofyearly premium installments for hasard insurance. plw one•twelfth of yearly premium indalhnents for mortgage insurance, if any. all as reasonably estimated initially and from time to time by Lender on the basis of aaseaaments and bills and reasonable estimates thereof. i The Fltuds shall be held in as indication the deposits or accounts of which are insured or gwranteed by a Federal or State agency (including lender if Lender is such as institution). Lender shall apply the Funds to pay said taxes, aaseeameata. insurance premiums and ground rents. Lender may not dtarge for so holding and applying the Fonda. analyzing said account, or verifying and compiling said : aaseasmeuts and bills, unless bender pays Borrower interest on the Funds and applicable law permits [.ender to make such a charge. Borrower and Leader may agree in writing at the time of a:ecutioa of this Mortgage that interest on the ~tnds shall be paid to Borrower. and unlew such agreement is made or applicabk law requires such interest to be paid, Lender shall not be regnired to pay Botrowe: any interest os earnings oq the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Fonda showing credits and debits to the j 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 this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments o[ Funds payable prior to the due dates of fazes, assessments, insurance premiums and ground rents. shall exoaed the amount required to pay said taxes, assessments, insurance premiums ' and ground Hots as they faU due. ouch ezcess shall be, at Borrower a option, either promptly repaid to Borrower or credited to Borrower on monthly installments of F1mds. U the amount of the Funds held by Lender shall not be sufficient to pay taxes, asaesameats, insurance premiums and gonnnd 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 by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Mortgage. Lender shall promptly refund to Borrower any funds held by Lender. Uunder 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 sak of the Property or its acquisition by Lender, any Plrnds held by Lender at the time of application as a credit against the soma secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 here 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. 1 4_ Charges; Liens. Borrowershall pay all taxes, assessments and otherchargea, fines and impbsition8 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 Borrowershall promptly furnish to i.ender 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 berequired to discharge any such lien so long as Borrowershall 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. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the teen "extended coverage; 'and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; 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 Korrower subject to approval by [.ender, 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 mortgageclauae 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 i.ender aU 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 lass i[ 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 ernnomically feasible or if the security of thta Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by thin Mortgage, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to f 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 j 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. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall notextend 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 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 soma secured by this Mortgage immediately prior to such sale or acquisition. 6. Preservation and Maintenance otProperty; Leaseholds; Condominums; Planned Unit Developments. Borrower shall keep f the Property in good repair and shall not rnmmit 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. Burrower shall perform all of Borrower'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 agreements of such rider shall be incorporated into and shall amend and supplement thecovenants and agreements otthia Mortgageasif the i rider were a part hereof. . 7. Protection of Lender's Security. If Borrower fails to perform the wveaants 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 Lenders interest. including, but not limited to, disbursement of reasonable attorney's tees and entry upon the Property to make repairs. If Lender required mortgage insurance as 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 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 hereol. ~ My amounts disbursed by Lender persuant to this paragraph 7, 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 payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement et the rate payabk 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 expense or take any action hereunder. ~ 800K a t PACE - 3 -