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HomeMy WebLinkAbout1005 Utstrwrtw Covet+~wra. Borrower and lender covenant and agree as follows: 3. hljtretN d hMt:fral atM lalerpf. Borrowu shall promptly pay when due the principal of and interest on the indebtodnet+t evidenced by the Note, prepayment and late charges as provided in the Nola, and the principal of and interest as auy Future Advances secured by this Mortgage. IEtta>i tar TaQea smi Gwraoca Subject to applicable law tx to a written waiver by iettder, Borrower shall pay to I.eadre on the day monthly installments of principal and interest art. payable under the Note, until the Note is paid in full. a sum (herein "Funds") equal to ortts-twelfth of the yearly taxes :nd asxssments which may attain priority over this Mortgage, and growtd rents on the Property, it any, plus one-twelfth of yearly premium installrrtent: for hazard ittwrartce. plus one-twelfth of yearly premium installments for mortgage insurance, if any. all as reasonably estimated initially and from time to time by Lender an the bass of assessments and hilh and reasonable estimates thereof. The Funds shall be held in an institution the tkposita or accounts of which are insured or guarantetd by a Federal of state agency (incltding Lender if Lender is such an institution). I~nder shall apply the Funds to pay said taxes. assessments, insurance premiums and ground rents. !.ender may not charge for so holding and applying the Fttttds. analyzing said account, or verifying and compiling said assessments and bilk, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender 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 a made or appligbk 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 arc 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, ittaurance premiums and ground rents, shall exceed the amount required to pay said taxes. asseapnents, ituurance premiums and ground rents as 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. I[ the amount of the >:urtds held by Lender shall 'not be sufficient to pay taxes. assessments, insurance premiums and ground rents ss they [all due. Borraver :ball 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 is full of all suttts toured 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. rte later than immediately prior to the sale o[ the Property or its acquisition by Lsnder, any Funds held by Leader at the time of application as a credit against the sums secured by this Mortgage. 3. A~Ilcatiott of Palyarewts. 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 printtipai on any Future Advances. ~ . 4. Crarges; Lkns. 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 Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragrsph, 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 tegttirod 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, 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. 3. Hazard Itretrrartce. Borrower shall keep the improvements now existing or hereafter ereMed 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 amounts and [or Bitch periods as Lender may require; provided, that Lender shall not r+equirc that the amount of such coverage exceed that amount of coverage required to pay the sums secured Eby this Mortgage. 'Ibe 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 inwrartce policies shall be paid in the manner 'i provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due. directly to the inwrattce carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage j 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 loos 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 nut 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 offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance prootxda at Lender's option either to restoration or repair of the Property or to the sums scoured 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 tender, all right. title and interest of Borrower in and to any Msurance policies and in and to the proceeds thereof resulting from damage to the Property prior to tlt~: sale t or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 6. >rreservatioo and Mainteaattce of Property; Leaseholds; Condominiurac; Planned Uitit 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 leasehold. If this Mortgage is on a unit in a t 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 trait development t 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 if the rider were a part hereof. 1 7. Protection of Leader's Security. If Burrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially aBects Lender's interest in the Property, including, but not limited to, eminent domain, inxlvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then 1_ender 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 limned to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a condition of making the loan secured by this !!!engage. Burrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrowers and - F . • ao~3~1 t~cfl~ -