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HomeMy WebLinkAbout1728 i a.• 1 UNIFORM COVRNANTa. Borrower and lender covenant and agra as follows: 1. Payraertt of hbrcipl anti latest. Borrower shall promptly pay when due the principal of and interest on the irrdebteednesa evidencxd by the Note, prepayment and late charges as provided in the Note. and the principal of and interest on any Futuro Advances secured by this Mortgage. Futds for Tauaa ani Iaaratca Subject to applicable law or to a written waiver by Lender. Borrower shall pay to Lender on the day monthty installments of principal and interest aro payable under the Note. until the Note is paid in full. a sum (heroin "Funds'? equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Mortgage. and ground rents on the Properly, if any. plus one-twelfth of yearly premium installments for hazard insurance. plus orre:-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the base of assessments and bills and reasonable estimates thereof. The Funds shall be bold in an institution the deposits or accounts of which aro 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 for so holding and applying the Funds. analyzing said acrnunt, or verifying and compiling said assessments and bills. unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Leader may agra 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, 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 to the 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 of Funds payable prior to the due dates of taxes, 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 pranptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Leader shall not be suflieieat to pay taxes. assessments, insurance premiums and ground rents a: 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 fuU of all soma secured by this Mortgage. Lender shall promptly refund to Borrower-any Funds held by Lender. If under paragraph 18 hereof the Property is sold or the Fropeny is otherwise acquired by Lender. 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 a: a credit against the sums secured by this Mortgage. 3. Appiicatio~ of taprsaesrts. Unless applicable law provides otherwise, all 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 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. 4. Charges,; iuesx, 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 s1r 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 pays thereof. Borrower shall promptly furnish to Lender allpotices 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 discharges any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by such lien in a manner acoeptsbk 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 for#eiture of the Property or any part thereof. S. Hmrd lawraoce. Borrower shall leap the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage". and such other hazards as Lender may require and in such amount: 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 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 II'~ provided under paragraph 2 hereof or. if not paid in such manner, by Borrower making payment. when due, directly to the inwrance 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 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 Harrower. Unless Lender and Borrower otherwise agra 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 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 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 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 interext of Borrower in sad to say insurance policies sad in and to the procadt thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lenckr to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 6. Preservatiost astd Ms>bteoasrce of Property; Ltase6olds; Coadomldrrms; Planned Ua+it Iflereiloprnents. Borrower shall keep the Property in good repair sad shall not commit waste or permit impairment or deterioration of the Property sad 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 bylaws 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 agraments 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. Protectloe of Itesder's Scerrriq. If Borrower fails to perform the covenants and agraments contained in this Mortgage. or if any actitkr or proceexiirrg is commenced which materially affects Lender's interest in the Property. including, but not limited to. eminent domain, insolvency, code enforcement."or arrangements or procadings 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 [coca 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 such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and eke i I 800~1(c)c~ PACE .