Loading...
HomeMy WebLinkAbout2088Borrower and I,ender covena~t a~d ag-ee as toUowe: 1. Peyment ot Principsl and Intere~t. Bor-ower sfia11 promptly pay when due the principal ot and interest on the indebtrdneas evidenced by the Note, prepeyment and tate charges aa pmvided i~ the Note, artd the p~ncipal of und intereat on any FutUre Advances aecured by thia Mortgage. 2. Ftinde [orTa:ce and lnsurance. Subject to applicable law or to a written waive~ by l.ender, EioROwe~ ah~ll pay to l.ender un the day monthly inatallments of principal and interest are payable under the Note, until the Note ia paid in fu11, a sum Ihe~ein "Funda") equal to one twelfth o[the yearly taxes and assesementa which mey attain priority over this Mortgage, and ground rents on the Property, if any, ptua one twelfth of yearly premium instailments for hazard insurance, plus onetwelRh of yearly premium installmenta for mortgage insurance, if any, At{ as reasonably eatimaled initially and from time to tirr~e by l.ende~ on the basie of assesaments and bills and rrasunable c~tim:+tea thereot. The Funds ahall be held in an inetitution the deposita or accounta o[ which are insured or guc~ranteed by a Fedcral or State agency lincluding l.ender if (,e~der is auch an institution). Lender ahall apply the Funde to pay said taxee, aasesamenta, insurance p~emiuma and ground re~te. Ix~der may not charge for so holding and applying the Funds, analyzing said account, or verifying and compiling said asaesameate and bills, unlesa Lender pays Borrower+nterest on the Funda and applicabte law permite l.ender io make auch a charge. Borrower and [.ender may egree in writing at the time of e:ecution o! thie Mortgage that interest on the Funda shal! be paid to I3orrower, and unless euch agreement ie made or applicable law requires auch intereat to be paid, l.ende~ ahall not be required w pay Horrower any intereBt o~ earninge on the Funda. Lender ehali give to Borrower, withoui charge, an annual accounting of the Funds showing credits and debite to the Funde and the purpose for which each debit W the [~'unda was made. The F unda are pledged as additioaal security tor the aums secured by this Mortgage. If the amuunt of the Funds held by l.ender, together with the future monthly inalallmente of Funds payable prior to the due datea of taxee, aasesaments, insurance premiums and ground renta, aha{I excred tfie amount required to pay said taxea, assessmenta, inaurance premiume and ground renta aa they fal) due, auch exceea shall be, af Borrower:a option, either,pmmptly cepaid to Borrower ur crediled tn ~3orrower on monthly installments of Funda. 1f the amount of the Funde held by l,ender shall not br aufficient to pay tazea, aseessments, insurance pmmiums and ground rents ae they fall due, ~3orrower ahall pay to Lender any amount necessary to make up the deficiency within 30 daye from the date notice ie mailed by l.ende~ to Horrower requesting payment the~eof. Upon payment in [uli of all aums aecured by this Mortgage, l.ender ahall promptly refund to Borrower any funds held bp Lender. I[under paragraph 18 hereof the i'roperty is sold or the Property is otherwise acquired by I.ender, [.ender ahall applv, no later than immediately prior to the sale of the Property or ita acquisition by l.ender, any Funds held by l.ender at the time of application as a credit aga~nst the aums secured by thie Mortgage. 3. Applieation of Paymente. Unless applicable law provides otherwise, all payments received by I.ender under the Note and paragraphe 1 and 2 hereof ahall be applied by I.ender firxt in payment of amounts payable to l.ender by Borrower under paragraph 2 hereof, then to intereat paya6le on the Note, then to the principal of the Note, and then to interest and principai on any Futum Advances. 4. Chargea; Liens. l3orrower shall pay all taxrs, assessments and other rharges, finrs and impusitions attr-buta6le tc~ the !'ruperty which mey attain a pri.~rity over this MortKaKe, ~nd leasehold paymenls orKround rents, if any, in the manner pruvided underparagraph 2 hereofor, if not paid in sucfi manner, by Borrow•er makinK paymrnt, w•hen due, d~rectly tu thr payre then~ot. Born~wershall prumptiy furnish to l.ender .~il notices of amuun~S dur under this para~aph, and in the e~ent 43orrower shall make payment direcNy.l;orn~wer sha{i prompUy furnish to lxnder receipts r-~•idencing such pa~ mrnts. Korruwer shall promptly discharKe any lien which has priority over this Murtg.iKe: provided, that Rorrower shall not 1w reyuired tu discharge any such lien su lonK as &~rruwershaU a~(ree m writinK to the pa~ mentof theobliKation secured by such lien +n a manner accrptable tu l.~nder, or sfial) ~n ~;a~ faith cuntrst such lirn by, ordefend enEurcement of surh lien m, leKal procerdings w~hich oper~te to prevent the rnfurcrmrnt of the I~rn ur forfrrturf• ~~f thr Pruprrty or .~m• part therruf. S. Hazard Insurancr. t3orrow•er shall keep the impruvemrnts nuw rxistinK or hereafter erected on the Yroprrt>• insured aKainst loxs by fire, hazards included within the term "extended coverage." and such other hazards as Ixnder may require and in such amounts and for ~+uch prriuds as l.ender may rryuire: pro~ideci, th.+t lxndrr sh:+ll not require that the amount of sach co~eraRe exceeei that amount of coverage reyuirrd to pap the sums s~~c•ure~ by this 41~rtKaKe. The insurance eamer pn~vid~nK the insuranc•t~ ch:dl tx• ~-h~~sFn Ir~• It~~m~N~er sub~~Y•t tu appro~•al by f ~~nd~•r. pn~~•~d~~i, that such :ipproval shall not t~e unreas~~nabh• w•ithheld. All prem~ums un insuram•~• ~~I~cirs chal! t~c~ paid ~n thr manner pruvid~~c1 undk~r par.-~r:iph Y hrrr.~f ~~r. if nnt paid in such ma~ner, by t3~mc,wer mak~nK paym~mt, w~hen due. ~iirectlp tu th~• ~n~urance i•amPr All insurance policies and renewals thereof shall be in form acceptable b• I.ender and shall include a standard m~~rtgaKeclause in fa~orof and in form acceptable to I,rnder. l~ender shall have the nytht to h~~ld the p~~{~c~es.+n~! rrnewals thereof, and f~orruw•er shall prumptlt furnish G~ i,ender all renewal n~~tices and :ill rere~pts of paid premiums. In thr evrnt of (oss, Ii~rrruwer shal) Kive prompt notice W the insurance carrier ~ind [.ender.,l.ender may make pr~K~f o( luss if not made promptly by t3orruwer. lTnless 1.endrr and &~rr~~wer otherwi~ aRree in writinK, insurance proceeds shal) be applied to restoration or repair of the Property damaged, pro~~dEd such retiturat~un u~ repair is eeonumicalll feasiblr a+nd the srrunty o! this ~tortgage is not thereby impaired. tf such rrstnration or repair is r-ot ec•on~~mically feasible ~~r ~f the security of this MortKaKe would t-e impairNd, the insurance pr~x-eeds shall be applied tu the sums secured i-~ this MortKaKe. with thrPx~•rss, if:iny, paid to F3orruwer. If the PrupeRy is abandoned by BorroK•er, or if &~rrower faila to respond to I.ender wsthin :i11 da~s frum the d:+tr n~~tice is ma~{rd b~ l.Pnder k~ 8orrower that the insurance camer ofters tu settle a claim for ~nsurance benerts. [.ender ~s authorizeel t~~ c-ollrc-t and aNph• the ~nsur:~nce pnx•rrds at I.ender's upuo4 either to restoration ur repair of the Property or the sums secured by this MortK~Kr~ Unlesa I.ender and Borrower utherwist• .iKr~ in wnt~ng. any such application of pmceeds to principal shall not extend or postpone thedue date of the monthly instxllment,g referreci to in paraKraphs i and'L hereof or rhanKe the amount of such instal{ments. 1f under paragraph lA hereof the Property is acquired br I.ender, all right, title and interest of f;orrower in and to any insurance pulicies and in and to the proceeds thereof resulting frc~m damaKe to Ymperty prior to the sale or acqwsition shal! pass to I.ender to the extent of the sums secured by this ~lortgaRe immediate{y prior to such sale or acquisition. 6. 1'reeervation and Maintenance of Pruperty; L.easeholds;Condominums; Planned t,'nil llevelopmenta. Borrower shalt keep the Property in Qood repair and shall not commit waste or permit impairment nr deleriorati~~n of the Property and shal) comply vvith the pro~•isions of any lease if this 11ortKaKe is on a leasrhold. If th~s D1urtKage i:~ on a unit in a conduminium or a planned unit development, ttorr~,wer shaU perform all of 4~~rruwer's obliKations under !he declaratiun or cuvenants crraUnKor governmg the condominium or planned unit development, the bylaves and reKulations of the cundominium or planned unit de~•elopment, and constituent documents. If a condominium ~~r pl~nned unit develnpment rider is exrcute~l by &~rr~~wer and recorded t~ether with this Mortkage, the rnvenants and :iKreements ot ~uch rider shall tee ine~~rpurated into :md shai) amrnd and supplrment the cocrnants and aKreements of this 1lortgaKe as if the nder were a part herw-L 7. Protection ot I.ender'e Security. If Borrower faila to perform the covenante and agreementa contained in thie il3origage, or if any action or proceeding ia commenced which material~y atfec4+ I.ender'e intereat in the Property, including, but not limited to, eminent domain, inaolvency, tode enforeement, or anangements or proceedinga invoiving a bankrupt or decedent, then Lender at Lender s option,upon notice to Borrower may make euch appeerances, dieburee euch aume and take auch action ae ie necessary W protect Lender'a intereat, including, but not limited to, dieburaement of reasonable attorney'e fees and entry upon the Property to make repeire. If Lender reqaired mortgage ineurance aa a condition of ineking the loan aecured by thia Mortgage, Borrower ahall pay the premiume required to maintain such inaurance in effect until auch time as the requirement for such inenrance terminatee in accordance wilh 8orrower'a and I.ender s written agreement or applicable I.aw. Borrower ehall pay the amount of aq mortgage inaurance premiume in the manner provided under paragraph 2 hereof. Any amounte diabursed by [.ender pereuant to this paragraph 7, with intereat thereon, shall become additional indebtedness of Korrower Becured by thie Mo~age_ Unleae E3orrower and Lender agree to other terma of payment, such amounta sfiall be payable upon notice from I,ender to E3orrc-wer requeeting payment thereof, and ehal) bear inteteet from the date of diebureement at the rate payable from time to time on outetanding principal under the Note unlees payment of interest at auch rate would be contrary to applicable law, in which event such amounta ahaN bear intereat at the higheet rate permiaeible under applicable law. Nothit~g contained in thie paragraph 7, ahall re•auire [.ender to incur any expenae or take any aMion hereunder. ~ . . E.~ ~~349 f~~~208~7 ~ ~ ~ . .