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HomeMy WebLinkAbout1271_1 UNIFUKt~t C~OVEN.~NTS. HOf~OWCf anJ Lcn~lrr ruvcn:~m :~n.l agree a~ fullaw~: 1. Paymen! ot P~inclpal snd I~terest. {io~ruwer ~hall prumptly pay when due the principrl of and intrrest un the indcbtedncss cvidenccJ hy thc Notc, prepaymcnt anJ latc chargc~ a~ proviJcd ~~ ~he Notc, and thc principal of and interes~ on any Future Adva~cec secu~ed by thic Mor~gage. 2. Fnnds for Tu~a and I~uraace. Subject lo applirable law or la a written waiver by I.cnder, Barrower shall pay to l.ender on the day mon~hly installmen~s of principal an.i imere.t arc payahle under the Nate, until the Note is paid in (ull, a sum (hercin "FunJs"- equal to ane•twclfth o( ~hc ycarly ~atics anJ acccssments w•hich may attain priori~y over ~his Mortgagc, anJ ground rents on the Pmperty, if any, plus ~-ne-twclf~h of ycarly premium installmen~s for hazard insurance, plus one-twelfth of ~•early premium installmcn~s for mortgage insurancc, if any, all as rcasonably c~timatcd initially and (rom time to time by Lendcr on thc basis af a~scscmcnts anJ bills and rea~unablc eslimates thercof. "Il~e Funds shall he held in an imtitution the deposits ur accounts of which are insured or guaranteed by a Federal or state agency (including Lender if I.ender is such an insti~utionl. I.ender shall apply the Funds to {+ay said taxes, asxssments, insurance premiums and ground rents. I_ender may nat charge lor ao holding a~d •rpplying the FunJs, analyzing said account, or veri[ying and compiling said assessments and bills, unless Lender pa~~s Borrov-•er interest on the Funds and applicable law permits 1_ender to ntake such a charge. Borrawer and t.ender may agree in writing at the time of exec:ution o( this Mortgage that in~erest un ~he Funds shall he paid ro Borrowcr, and unless such agrecment is made or applicable law requires such interest to be paid, I.cnder shall not hc rcyuir~~l to pay Borrower any interest or carnings an the Funds. I.ender shall give to Borrower, without charge, an annual arcuunting of the FunJs showing credits and debits to the Funds and the purpose for which each debit to the Funds was maJe. The Funds are pledgrd as additianal security for the sums secured hy this Mortgage. If the amount of the Funds held by Lendcr, togelhcr with thc fuwre rnonlhly installments of Funds ~yable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount reyuired to p•ry said taxes, assessments, iasurance premiums and ground rents as thcy fall due, such excess shall be, at Borrow•er's option, either promptly reFaid to Borrower or crcdited to Borrower on monthly installmcnts of Funds. If the amount of the Funds held by Lender shall not be suflicient to pay taxes, asse~sments, insurance premium~ and g~ound rents as they fall due, Borrower shall pay to Lender any amount neces~ary to make up ~he deficiency w ilhin 30 da~•~ (rom the date notice is mailed by Leoder to Borrower reyuesting payment thereof. Upon pa~ment in fulf of all sums secured by this Mortgagc. I.ender shall promptly re(unJ to Borrower any Funcis held by l.enJer. lf under paragraph 18 hereot the Propcrty iti ~old cx the hroperty is otherwise acquired by I.encier, LenJer shall apply, no later than immediately prior to thr salc of Ihe Property or its acquisition by 1_c~dcr, any Funds held by Lender at the time of application as a credit against the sum~ s.,-cured by this Mortgage. 3. Applicatlon of Psyments. Unless applicahle law• pro~•iJes otherwise, all payments received by I.ender under the Note and paragraphs 1 and 2 hereof shall bc applicci by I.cndcr first in p~yment of amounts payablc to Lender by Borrow~er under paragraph 2 hereof, then to interest payablc on thc Notc. thcn to thc principal of the Natc, and then to interest and principal on any Fulure Advances. 4. Charges; Lkas. Bortower shall pay all IJCCS, :I~SCSSOICOIS 3f1(I Mher charges, fine, and imExxitions auributable to the Property which may attain a priority over this Mor~gagc, and leasehold payments or ground rents, if any, in the manner provided unJer paragraph 2 hereof or. if not p:~id in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnich to Lender all.noticcs o[ amounts due under this paragraph, and in the event Borrower shall make payment directl~•, Borrower tihall promptly fumish to Lender receipts evidencing such payments. Borrowet shall prompUy Jischarge any lien which has pnority~ aver this Mortgage; provided, that Borrawer shall not be required to disc:harge any such lien so long as Borrower shall agrcc in vvriting to thc payment of the obliga~ion secured 6y such lien in a manner aceeptabfe to Lender, or shall in g«xl fai~h contect such lien hy, or Jefend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forteiture of the Property or any part thereof. S. Hwrd insurance. Borrower shall keep thc impravement~ now c~isting ar hercaf~er erected on the Property insured against loss by fire, hazards included within the term "~~tended coverage", anJ such other hazards as I_ender may reqaire and in such amounts and for such periods as Lender may reyuire; provideJ, that Lender shal! not require that ihe amoont of such coverage exceed that amount of coverage required to pay the ~umt ~ecared by this Mortgage. The insurance carrier providing the insurance shall be chosen b}• Borrower subject to approval by Lender, provided, that such approval shall not be unreasonahly withheld. All premium~ 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 f9rm acceptable to LenJer and shalt include a stanJard mortgage clause in favor of and in form acceptable to Lender. I_ender ~hall have the right to hold the policies and renewals thereof. and Borrower shall promptly furnish to Lender all rencv-~al notices anJ all receipts of patid premiums. In the event of loss. Borrawer shall give prompt notice to the in~urance carrier and I.enJer. Lender may make proof of loss if not made prompt{y by Borrower. Unless Lender and Borrower othen+vise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, proviJed such restoratiun ar ~epair is economically feasible and the securiry ot this Mortgage is not thereby impaired. If such restoration or repair is not economirally feasible or if the security of this Mortgage would be impaired, the msurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Propert}• is abandoned b~• Borrower, or it Bormwer tails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier otTers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums sccured by this Mortgagc. Unless l.ender and Borrower othervvise agree ~n writing, any such application af proceeds to principal shall not extend or pos[poae the due date of the momhly installmcnts referred t~~ in paragraphs I anJ 2 hercof or changc thc amount of such installments. If under paragraph ; 8 hereof the Property is acquired by l.encier, al! right, title and interest ot Borrower in and to an~ insurance policies and in and to the proceecls thereot resulting from damage to the Property prior to the sale or acyuisition shall pass to Lender to the e~tent ot the sums secureei by this htortgage immediately prior to such sale or acquisition. ' 6. Presenation and ~taintenance of Properiy; Ixaseholds: ('ondominiums; Planned Unit Developments. Borrower shall keep thc Property in good repair and shall not commi~ waste or permit impairment or cieterioration of the Property and shall comply with the provisions of any lease it this titortgage is on a Icaschold. If this Mortgage is on a unit in a condominium or a planned unit development. Borrov~~er ~hall perform all of Borrower's obligations under the declaration or covenants creating or governing the condom~nium or planned unit development, the by-laws and regulations of the conJominium or planned unit development, and constituent documents. If a condominium or planned unit Je~•elopment nJer is executed by Borrow•er and recordeJ t~~gether w~th this Martgage. ~he covenants and agreements of such rider shall be incorpurated into and shall amend and supplement the covenants and agreements of this Mortgage as it the riJer were a part hereof. 7. Protection of Lender's Security. If Borrower faik to per(orm the covenants anJ agreements contained in this Mortgage, or if any ac~ion or proceed~ng ic commeneed w~hich materially afTects l.ender's intercst in the Property. including. but not limi~ed to. eminent domain, in~lvency, code en(orcement, or arrangements or proceedings involving a bankrupt or decedent, ~hen l.ender at Lender's option, upon notice to Borrower, ma}~ make such appearancea, disburse such sums and lake such action as is necessary to protect Lender's ~nterest, including, but not lin~ited lo, disbursement of reasonable attomey's fces and entry u~n the Property to make rcpairs. 1f Lendcr required mortgage inwrance as a condition of making the loan secureJ b~~ ~hiti Mortgage. Borrc-WCr ahall pay the premiums required to maintain such insurance in efTect until such time as the reyuirement (or such insurance terminates in aceordance with Borrower s and auac ~~ P»~ ~.~