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HomeMy WebLinkAbout0545 Borrower and Lender covenant and agree s. follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the ipdebtedneaa evidenced by the Note. prepayment and late chargce as provided in the Note, and the principal of and interest on any Future Advances secured by this Mortgage. 2. Funds for Taxes and Insurance. Subject b applicable law or b 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 sum (herein "Funds") equal toone- twelfth ofthe yearly taxes and assessments which may attain priority over this Mortgage, and ground rents on the Property. itany, 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 F~rnda 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 rnmpiling 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 to pay Borrower any interest or earnings on the Flrnde. 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 !or the aume 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 shell 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 Lender 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 sums 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 Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the axle of the Property orits acquisition by Lender, any Funds 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 beapplied by Leader first in payment of amounts payable to [.ender by Borrower under paragraph `L 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; Liens. 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 orground rents, if any, in the manner provided under paragraph 2 hereofor, 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 directly; Borrower shall promptly furnish to Ixnder receipts evidencing such payments. Borrower shall promptly discharge any lien which h:+s priority over this Mortgage; provided, that 13onrower 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 Koud 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 hereaftererected on the Property insured against lose by fire, hazards included within the term "extended coverage." and such other hazards as Ixnder may require and in such amounts and for such periods as Ixnder may require; provided, that Ixnder shall not require that the amount of such rnverage exceed that amount of coverage required to pay the sums secured oy this Mortgage. The insurance carrier providing the insurmrn shall t?e chosen by Korruwer subject to approval by Lender, provided. that such approval shall not be unreasonably withheld. All premiums on insurance p~dicies sh:+11 be paid in the manner provided under paragraph Z hereof or, it not paid in such manner, by Borrower makinK payment, when due, dinYth• to the insurance cannier. All insurance policies and renewals thereof shall be in form acceptable to Ixnderand s?iall include a standard mortgageclause in favor of and in form acceptable to Lender. Ixndershall have the riyjht to hold the policiesand renewals thereof, and Borrowershail promptly furnish to I~ Ixnder 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 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 economically feasible or if the security of this Mortgage would beimpaired, the insurance proceeds shall beapplied 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 Born,wer that the insurance carrier offers to settle a claim for j insurance benefits, Lender is authorized to collect and apply the insurance prucrecls at Lender s option either to restoration or repair of the i Property or the sums secured by this Mortgage. Unless Ixnder and Borrower otherwise agree in writing. any such application of proceeds W principal shall not extend or postponethedue date of the monthly installments referred to in paragraphs 1 and 2l+ermf or change the amount of such installments. If under paragraph 18 hereof the Property is acquired by Ixnder, 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 aume secured by this Mortgage immediately prior to such sale or acquisition. j 6. Preservation and Maintenanceof Property; Leaseholds; Condominums; 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 tease if this Mortgage is on a leasehold. If this MortKaKe 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 creatingor governing the rnndominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. I[ a condominium or planned unit development rider is executed by Borrower and recorded together with this Mortgage, the covenants and j agreements otsuch rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgagees if the i rider were a part hereof. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any q 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,npon ~ notice to Borrower may make such appearances, disburse such soma and take such action as is 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 rnndition of makir+R the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time ae the requirement for each insurance terminates in accordance with Borrowers 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 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 _ i notice from Lender to Borrower requesting 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 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. - ~~~341 P~ ~5 ~ -