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HomeMy WebLinkAbout0225 1 , Borrower and Lender covenant and agree as tolbws: 1. Paymnat of Pritteipal and 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 of and intereston any Future Advances secured by this Mortgage. 2 Funds for Tasea and Insurance. Subject b applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly installments otprincipal and interest are payable under the Note, until the Note is paid in full. a sum therein "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, Pius one- twetfth ofyearly premium installments for hazard insurance, plus one•twelfth ofyearly premium installments for morigageinaurance, 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 eo holding and applying the Funds, analyzing 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 requires such interest to be paid, Lender shall not be required W pay Bortrower 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 ottaxes, asaeeaments, insurance premiums and ground rents, shall excxd the amount eequired to pay said taxes, assessments, insurance premiums and ground rents ae they fall 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 of the Funds held by bender shall not be sufficient to pay taxes, assessments. insurance premiums and ground rents as they Tall 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 some secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If ands: 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 acquisition by Lender, any Ftinda held by Lender at the time of application as a credit against the sums 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 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower undei paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Nate, and then to interest and principal on any Future Advances. 4. Charges; Liens. Borrowerahall pay all taxes, assessments and otherchargea, fines and impositions altributableto 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. Borrower shall promptly furnish to Lender all notices oiamounta 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 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, ordefend entorirment 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 lose by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and forauch periods as Lender may require; provided, that (.ender shall not require that the amount of such coverage exceed that amount otcoverage required to pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chcwtien by Borrower subjeM to approval by Lender: provided, that such approval shall not be unreasonably withheld. All premiums un insurancr pidicics shall tK paid in the manner provider( under paragraph 2 hereof or, if not paid in such manner, by Borrower making p:n•ment, when due, din•c•th to the insurance carrier_ All insurance policies and renewals thereof shall be in form acceptable to (.ender and shall include a standard mortgageclause in favorof and in form acceptable to Lender. I.endershall have the right to hold the policies and renewals thereof, and Borrowershalt promptly furnish to i,ender all renewal notices and alt receipts of paid premiums. In the event of loss, Ilorn,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, insuranrn proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration ur repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this 111origage would be impaired, the insuranceproceeds 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 3(1 days from the date notice is mailed by I:ender W Borrower that the insurance carrier offers to settle a claim for insurance benefits, !.ender is authorized to rnllect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or the sums secured by this Mortga~e.- Unless 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 t and 2 t~ereuf or change the amount of such installments. If under paragraph 18 hereof the Property is acquired by Lender, al! 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 (.ender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 6. Preservation and Maintenance of Property; Leaseholds; ('ondominuma; 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 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 dcrlaration or covenants creatinRorgoverninq thecondominium or planned s 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 oovenanta and agreements of such rider shall be incorporated into and tihall amend and supplement thecovenants and agreementsofthis Mortgageasitthe rider were a part hereof 7. Protection of Lender's 3eeurity. If Borrower fails to perform the rnvenante and agreements contained in this Mortgage, or if any - action or proceeding is commenced which material( affects Lenders interest in the Pro rt y pe y, including. but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then !.ender at Lender's option,upon notice to Borrower may make such appearances, disburse such soma and take such action ae ie necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney a 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 such insurance in effect until each time ae the requirement for such insurance terminates in accordance with Borrower a and Lenders written agreement or applicable Law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts dieburaed .by Lender perauant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unleae Borrower and Lender agree to other terms of payment,.such amounts shall be payable upon ¢ notice from Lender to Borrower requeadng 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 such rate would be contrary to applicable law, in which i 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. 's BOOK 340 ~~E 225 r ~k . v 2