Loading...
HomeMy WebLinkAbout1735 UNIFORM COx•t?NANTS. Borrower and lender covenant and agree as follows: 1. Psymeat of Prlnclpal sad Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedneu 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. bads Qor Tares and Insurance. 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 Nate. until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and asussments 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 hills and reasonable estimates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Fedenl or state agency (including Lender if Lender is such an institution). Lender shall apply rho Funds to pay said taxes, assessments, insurance premiums and ground rents. 1_ender may not charge for so holding and applying the Funds, analyzing said account, or verifying and compiling said assessments and hills, unless Lender pa}•s 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 he paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not he required to Pa}• Borrowerrny interest ar 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 arc pledged as additional security for the sums secured by this Mortgage. z If the amount of the Funds held by lender, together with the future monthly installments of Ft+nJs payable prior to the due dates of taxes, assessments, insurance prcntiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they tall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount o[ the Funds held by Lender shall not be stttlicient 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 deficient}• within 30 da}•s from the date notice is mailed by Lender to Borrower requesting pa}•mcnt thereof. - Upon payment in full of all sums scCUred b}• this Mortgage. 1_cndcr shall promptly refund to Borrower any Funds held by Lender. If under paragraph I8 hen-of the Property is sold or the Property is otherwise acquired by Lender. 1_ender shall apply, no later than immediatel}• prior to the sale of the Property or its acquisition by (.ender, any Funds held by Lender •rt the time of application as a credit against the sums secured by;Ihii+~~0~gy;.,. 3. .Application of Payments. Unless applicable law provides otherwise. all payt>Sents~received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lcndcr first in payment or ariio~ints 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 i principal on any Future Advances. ~ ~ 4. Charges; Liens. Borrower ,hall pay all taxesrssessments and Mher charges, fines and'impxitions attributable to the Propert}• which may attain a priority over this Mortgage, and leasehold payments or ground rents, if an}•, 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 direCtl}, Barrow•er shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Aortgage: provided, the+t Borrower shall nut be required to discharge an}• such lien so long as Borrower shallrgrCti; in writing to the pa}•ment of the obligation secured by Such lien in a manner acceptable to Lcndcr, or shall in good faith contest such lien hy, or defend enforcement of such lien in, legal proCCCdings which operate to prevent the enforcement of the hen or forfeiture of the Property or any part thereof. S. Hazard Insurance. Borrower shall keep the improvements now existing ur hereafter erected on the Property insured against loss by fire, hazards included within the term "extcndeJ coverage", and such other hazards as Lender may require € and in such amounts and for such pc;riods as Lender may require: provided. that Lender Khali nut require that the amount of such coverage exCCed that amount of average required to pat the amts seCUred by this Mortgage. 1 The insurance carrier providing the insurance shall be chou:n by Borrower subject to approval by Lcndcr, provided, that such approval shall not be unreasunahly withheld. All premiums on insurance politics 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 polities and renewals thcreo( shall he in form acceptable to Lcndcr and shall inch+de a standard mortgage clause in favor of and in form acceptable to lender. Lender shall have the right to hold the pdirics and renewals thereof. and Borrower shall promptly furnish to Lcndcr all renewal notices and all receipts of paid premium,. In the event of loss, Borrower shall give prompt notiCC to the insurance Carrier and Lender. Lender may make proof of loss if nut made promptly b}• Borrower. Unless Lcndcr and Borrower otherwise agree in writing, insurance proCCCds 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 it the security of this Mortgage would be impaired. the insurance proceeds shall be applied to the sums secured by this Mortgage. with the excess, it 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 thrt the insurance carrier otters to settle a claim for insurance benefits, Lender 5 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 h}• this Mortgage. Unless Lcndcr and Borrower atherwi.e agree in writing, any such application of proceeds to principal shall not extend I or postpone the due date of the monthly installments referred to in paragraphf- 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 ti. the proceeds thereof resulting from damage to the Property prior to the sale or acyuisition shall pass to Lcndcr to the extent of the sums secured by this 1ortgage immediately prior to such sale or acyuisition. ~ ~ 6. Presenalion and ~taiatenance of Property; Leaseholds; Condominiums; Planned Unil Deaelopments. 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 if this Mortgage is arse Iersehuld. 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.:+nd constituent documents. It 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 the covenants and agreements of this Mortgage as it the rider were a part hereof. 7. Protection of Ixnders Security. If Borrower talk to perform the covenants and agreements contained in this Mortgage. ur if any action ur proceeding is Commenced which materially atTetts 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, ma}• make such appearances, disburse such sums and take such action as is necessary to protect lender's interest, including. but not limite}t,to, disbursement of reasonable attorney's Ices and entry. upon the Property to make repairs. If Lender reyuitsd tnortgiEe insurance as a } Condition of making the loan secured by this Mortgage. Borrower shall pay the premiums require) to maintain such. insurance in effect until such time as the requirement for such insurance.lertninates in accordance with Borrower's and i ~~~~339 p~~E1~735 • - ~~~a:~