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HomeMy WebLinkAbout1047 UNIFORM COYBNANTS. Borrower and Lender covenant and agree as follows: 1. Paytneat of Pdnclpal asd laterest. Borrower shall promptly pay when due the principal of and interest on the intlebtedneu evidenced by the Note, prepayment and late charges as provided in the Note. and the principal of and interest on any Future Advances secured by this Mortgage. 2. Ilfbads for Taus and lasuntsce. Subject to applicable law or to a written waiver by Lender. 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 aum (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 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 bills and reasonable estimates thereof. 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 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 sn holding and applying the Funds, anal}zing said account, 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 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 requira 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 i'unJs showing credits and debits to the Funds and the purpose for 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 Fttnds held by Lender, together with the future monthly installments of Funds payable prior to the due data 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 Borrowers 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 sufttcient 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 thereof. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrowerrny Funds held by Ixnder. If under paragraph 1K hereof the Property is wld or the Property is otherwise acquired by Lender. Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by [-ender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Paynteats. finless applicable law• provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lcndcr first in payment of amounts payable to 1_ender by Borrower under paragraph 2 hereof, then to interest payable on the Notc, then to the principal of the-Note. and thento interest and principal on any Future Advances. 4. Charges; Lietu. 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, if any, in the manner provided under paragraph 2 hereof or. if not paid in such manner, by &~rrow•er 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 [.ender receipts es•idencing 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 hy, or Defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the Gen or forfeiture of the Property or any part thereof. S. Hazard Insurance. Burrower shall keep the improvements now cristing or hereafter erected on the Property insured against loss by fire, hazards included within the term "~xlendeJ coverage", and such other hazards as Lcndcr may reyuirc and in such amounts and for such periods as Lcndcr may reyuirc: provideJ. that Lender shall not reyuirc that the amount of ~ such coverage e!ccecd that amount of rnecrage required to pa}• the wins secured by this Mortgage. ~i The insurance carrier prov4ding the insurance shall he chosen- by Borrower subject to approval by Lcndcr: 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 I insurance carrier. All insurance policies and renewals thereof shall Ix in form acceptable to Lender and shall include a standard mortgage clause in frvur of and in form acceptable to (.ender. Lcndcr 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 toss. ` Borrower shall give prompt notice to the insurance carrier and Lender. Lcndcr may make proof of loss if not made promptly by Borrower. Unless 1_ender and Borrower otherwise agree in writing, imurance proceeds shall be applied to restoration or repair of the Property Damaged, proviJcd such. restoration or repair is economically feasible and the security of this Mortgage is , not thereby impaired. It 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 if Borrower fails to respond to Lender within 30 days from the date notice is mailed by lender to Borrower that the insurance carrier ofTers 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 by this Mortgage. Unless Lender and Borrower othervaix agree in writing, any such application of prxeeds to principal shall not extend or postpone the due date of ttx: monthh• installments referred to in paragraphs I and 2 hereof or change the amount of such installments. If under paragraph l8 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 prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this :lortgage immediately prior to such sale or acquisition. ~ 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned knit Developments. Borrower ~ shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease it this Mortgage is on a Iersehold. If this Mortgage is on a {mit 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 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 supplemer{R'the covenants and agreements of this Mortgage as it the rider wercr part hereof. 7. Protection of bender's Security. If Borrower fails to perform the covenants and agreements contained in this 11lortgage, or if any action ur proceeding ~s 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, dishurse such sumsrnd take such action as is necessary to protect (.enders interest. including. but not limited to, disbursement of reasonable attorney's tees and entry upon the Pmpcrty 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 maintrin such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and . 600K~ P,tiGf1~~~ - - - _