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HomeMy WebLinkAbout1506 Borrower and Lender covenant and agree as follows: 1. Payment o[ Principal and Interest. Borrower shall promptly pay when due the principal o[ and interest on the indebtedness evidenced by the Note, prepayment and latecharges 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 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 sum (herein "Funds")equal to one- twelfth ofthe yearly taxes and aseesamenta which may attain priority over this Mortgage, and ground rents on the Property, if any,plue one• twelRh of yearly premium installments for hazard insurance, plus one-twelfth of year) y 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 it Lender is such an institution).'Lendershsll apply the Funds b pay said taxes, assessments, insurance premiums and . ground rents. Lender may not charge for so holding and applying the Ftinds, analyzing said account, or verifying and compiling said aeaeesmenta 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 each 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 Fnnda are pledged as additional security for the sums secured by thin 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 e:ezed the amount required to pay said taxes, asseaementa, insurance premiums and ground rents as they fall due, ouch excess shall be, at Borrower s option, either promptly repaid to_Borrower ar 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 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 soma 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 sale of the Property or its 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 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 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 g priority over this Mortgage, and leasehold payments orground 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 notioce of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender rece_ ipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage; provided, that l3onrower 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 rnntest 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 hereafter erected on the Property insured against lose by Ere, hazards included within the term "extended coverage," and such other hazards ae Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require such coverage amount exceeding the minimum, ae may be required by state or federal regulations governing activities of Lender, or that amount of coverage required to pay the soma secured by this Mortgage, whichever is the greater. The insurance rarrier 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 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 insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgageclauae in favor of and inform 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 Ices if not made promptly by Borrower. I~ Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property i damaged, pro~~ded such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If anch restoration or repair is not economically feaeibk 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, Fender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the _ Property or the sums secured 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 1 and 2 hereof or change the amount of such installments. If under paragraph 18 _ hereof the Property is acquired by Lender, aA 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 peso to Lender to the a:tent of the sums secured by this Mortgage immediately prior to such sale or aequiaition. ' 6. Preservation and Maintenance of Property; Leaseholds; Condomiaums; Planned Unit 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 shy lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominiwn or a planned unit development, Borrower shall perform aU of Borrower's obligations under the declaration or covenants creatingor governing the ooadominium 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 recwrded 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 se if the rider were a part hereof. . I 7. Protection of Lender's Security. Lf Borrower fails to perform the aovenants and agreements contained in this Mortgage, or if any 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 deosdent, then Larder at Lender's option,npon I notice to Borrower may make sack appearance's, disburse such arms and take each action as is necessary to prated Lender's interest, including, bat not limited 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 Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insu:arrce terminates in aa~ordance with Borrower's and I.mda's written agrcement ~ applicable Law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under ; paragraph 2 hereof. w Any amounts disbursed by Lender persnant 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, anch amounts shall be payable upon notice from Leader to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payabk 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 ouch 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. ~~~K341 P~GE15Q4 .