Loading...
HomeMy WebLinkAbout2955UNIFORM COVENANTS Boriower and Lender covenant and agree as tollaws -- t~ ' ''' '!~~ 1. Payment of Principsl ~nd Int~rost. Borrower shall promptly pay when due the pnnc~pal ot and ~nterest on the ~ndebtedness ewdenced by the Note, prepayment and iate charges as prov~ded ~n the Note, and !he pnnc~pal ol and ~nterest on any Future Advances secured by th~s Mo-tgage. 2. Funds fo~Tax~s and In~ura~ce. Sub~ect lo appl~cable law or to a wr~tten wa~ve- by Lender, 8o-rower shall pay to Lender on the day monthly ~nstallments ot pnnc~pal and ~nterest are payabte under the Note, until Ihe Note is paid m full, a sum (here~n ~~Funds") equal to on~tweltlh of the yearly taxes and assessments wh~ch may atlain pnonty over th~s Mortgage, and ground ~ents on the Prope-ty, ~t any, plus one-twelith ot yearly premwm ~nstallments for hazard insurance, plus on~twetlth of yearly prem~um mstallments for mortgage msurance, ~f any, ali as reasaonabiyest~mated ~rnt~allyand from time to time by Lender on Ihe basis of assessments and bills and reasonable esl~mates thereot. . The Funds shau be hetd in an inst~tution the depos~ts or accounts ot wh~ch are msured or guaranteed by a Fede~al or slate agency~inc-uding Lender d lender is such an inst~tution). Lender shall appty the Funds to pay said taxes, assessments. insu-ance p-em~ums and ground rents. lender may not Charge for so holding and apptying Ihe Funds, analyzing said account, or ver~fy~ng and compil~ng sa~d assessments and b~lls, unless lender pays Borrower lnterest on the Funds and appl~cable law permds Lender to make such a charge. Borrower and Lender may ag~ee~ ~n wril~ng at the t~me ol execution ol lh~s Mortgage that interest on the Funds shall be pa~d to Borrower, and unless such agreement ~s made or appl~cable law reqwres such interest to be pa~d. Lender shall not be requ~red to pay Bor~ower any interest or earnings on the Funds. Lender shall g~ve to Borrower, w~thout charge. an annual accounting ol the Funds showing credits a~d debits to the Funds and the purpose for wh~ch each debit to the Funds was made. The Funds are ptedged as additional security for the sums secured by th~s Mortgage. If the amount of the Funds held by Lender, together w~th the future monthly lnstallments of Funds payable pnor to the due dates of taxes, assessments, insurance prem~ums and ground rents, shall exceed the amount reqwred to pay sa~d taxes. assessments, msurance premiums and ground rents as they tall due, such excess shali be. at Borrowers opt~on, either p~omptly repa~d to Borrower or cred~ted to Borrowe~ on monthly ~nstattments of Funds. 1f the amount af the Funds held by Lender sha11 not be sutf~c~ent to pay taxes. assessments. ~nsurance prem~ums and ground rents as they fall due. Borrower shall pay 1o Lende~ any amount necessary to make up the def~c~ency w~th~n 30 days from the date notice ~s mailed by Lender to Borrower requesl~ng payment thereof. Upon payment m tult of a11 sums secured by th~s Mortgage, iender shall promptly retund ~o Borrower any Funds held by Lender. If under paragraph 18 hereot the Property ~s sold or the Property ~s otherw~se acqu~red by Lender, Lender shall apply, no later than ~mmed~ately pnor to the sale of the Property o- its acqws~t~on by Lender, any Funds held by Lender at the i~me ot appl~cat~on as a credit aga~nst the sums secured by th~s Mortgage. 3. Application oi Payments. Unless appltcable Iaw prov~des otherw~se, alI payments rece~ved by Lender under the Note and paragraphs 1 and 2 hereof shail be appl~ed by Lender f~rst ~n payrr~ent of amounts payab~e to lender by Borrower under paragraph 2 hereot. then to ~nterest payable on the Note, then to the prmc~pal ot the Note. and then to mterest and pnnc~pal on any Future Advances. 4. Charges; Uens. Borrower shall pay aH taxes. assessments and other charges. tines and ~mpos~t~ons attnbutableto the Proper.y wh~ch may attam a pr~or~ty over ih~s Mortgage, a~d leasehold payments or gound rents. ~t any, ~n the manner prov~dc-ci under paragraph 2 hereoi or, ~f not paid ~n such manne-, by 6orrower mak~ng payment, when due, d~rectly to the payee thereof. Sorrower shall promptly furn~sh to Lender a11 nouces of amounts due under ih~s paragraph, and in the event Borrower shall make payment d~reclty. Borrower shalf promptly furmsh to Lender rece~pts ewdenc~~g such payments. Borrower shall promptly d~scharge any I~en which has prior~ty over this Mortgage: prov~ded; that Borrower shall not be reqwred to d~scharge any such I~en so tong as Borrower shall agree ~~ wr~t~ng to the payment ot the obi~gat~on secured by such I~en ~n a manner acceptable to Lender, or shatl in garod faith contest such I~en by. or defend eniorcement ot such lien ~n, Ieg~1 ~3roceed~ngs which operate to prevent the enforcement ot the I~en or fo~fe~ture ot the Prope-ty or any part thereot. 5. Hazard Insurance. Borrower shall keep the ~mprovements now existing or hereafter erected on the Property inswed agamst ioss by fire. ha2ards ~ncluded w~th~n Ihe term'~extended coverage". and such other hazards as Lender may requ~re and ~n such amounts and (o~ such per~ods as Lender reqwre: provided. ihat Lender shatl not requ~re that the amount ot such coverage exceed that amount ot coverage reqwred to pay the sum secured by th~s Mortgage. The insurance carner prov~d~ng the ~nsurance shall be chosen by Borrower subject to approval by lender; prov~ded. that such approvat shall not be unreasonably w~thheld. All premwms on ~nsurance pohc~es shalt be pa~d ~n the manner prov~ded under paragraph 2 hereof or. ~f not pa~d ~n such manner. by Borrower mak~ng payment. when due. d~rectly to the insurance carrier. - Ali msurance pohc~es and renewals thereot shall be ~n form acceptable to ~ender and shati include a standard mortgage clause m favor of and m to-m acceptable to Lender. Lender shail have the nght to hold the pol~c~es and renewals thereot. and Borrower shatl promptly tum~sh to Lender an renewal noUCes and atl rece~pts of pa~d premwms. In the event of loss. Borrower shall g+ve prompt notice to the ~nsu-ance car~~er and Lender. Lender may make proof of loss if not made-promptly by Borrower. . Unless Lender and Borrower otherw~se agree ~n wr~ung, insurance proceeds shati be appl~ed to restoration or repair of the Property damaged. prov~ded such rest~rat~on or repa~r ~s econom~caliy feas~~fe and the secur~ty ot th~s Morigage ~s not thereby impaired. !! such restorat~on or repa~r ~s not econorr~~cally teas~ble cri if the secur~ty of lh~s Mortgage wouid be ~mpa~red, the ~nsurance proceeds shall be appf~ed to ihe sums secured by this Mortgage. w~th the excess. ~t any, paid to Borrower. It the Property ~s abandoned by 6orrower, or if Borrower fa~ls to respond to Lender w~lh~n 30 days from the date notice ~s mailed by Lender to Borrower that the ~nsurance carrier oNers to settle a cla~m for insurance benetits, Lender ~s author~zed to collect and apply the ~nsurance proceeds at Lender s opt~on e~ther to restorat~on or repa~r ot the Property or to the sums secured by th~s Mortgage. Unless Lender and Borrower othen~wse agree ~n wr~t~ng. any such appl~cat~on of proceeds to pr~nc~pai shaii not extend or postpone Ihe due date ot the monthiy ~nstaliments referred to ~n paragraphs t and 2 hereof or change the amount ot such ~nstallmenls. If under paragraph 18 hereof the Property ~s acqu~red by Lender. al~ r~ght. t~t~e and ~nterest of Borrower m and to any insurance polfc~es and ~n and to the proceeds thereof resuit~ng from damage to the Property pr~or to the saie or acqu~s~tion shall pass to Lender to the extent of the sums secured by th~s Mortgage immed~ately pnor to such sale or acqu~s~tion. 6. Preservation and IiAaintena~ce of Property; Leaseholds; Condominiums; Plennad Unit Developments. Borrower shall keep ihe Property m good repa~r and shall not comm~t waste or perm~t ~mpa~rment or detenorat~on of the Pro- perty ar,d shall~omply wrth the prov~s~ons of any Iease ~f th~s Mortgage ~s on a leasehoid if th~s Mortgage ~s on a urnt m a condom~nium or a~.~anned urnt development. Borrower shall pe~torm all of Borrower's obt~gat~ons under the declarat~on or covenants creat~ng or govern~ng the condom~rnum or planned urnt development. the by-laws and regulat~o~s of the condom~n~um or pianned unlt devetopmen~ and constituent documents If a condom~n~um or planned un~t development r~der ~s executed by Borrower and recorded together w~th th~s Mortgage. the covenants and agreements ol such r~der shall be ~ncorporated ~nto and shall amend ano supptement the covenants and agreements of th~s Mortgage as ~t ihe nder were a part hereot. 7. Protection of Lender's Secu~ity. If Borrower ta~ts to pe~iorm the covenants and agreements conta~ned ~r~ th~s Mortgage. or ~f any act~on or proceed~ng ~s commenced wh~ch mater~ally affects Lenders ~nterest m the Property. ~ncluding, but not limited to, em~nent doma~n. ~nsolvency. code entorceme~t, or arrangements or proceedings ~nvolvmg a bankrupt or decedent, then Lenderat Lenders opt~on, upon not~ce to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lenders interest, including, but not limited to, disbursements of reasonable at?orneys fees and entry upon the Property to make repairs. If Lender required modgage insurance as a Cond~t~on of mak~ng the loan secured by ih~s Mortgage. Borrower shall pay the prem-ums reqwred to maintam suCh msurance m eltect unt~l such t~me as the requ~rement for such ~nsurance term~nates m accordance wlth Borrowers and .- -_ -~--~~-_.. Bt~(1K 346 PAGE ~9JV . . •' '