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HomeMy WebLinkAbout2505Borrowes and I.ender rnvenent and agree aa tollowr. 1. P~ymeat of Principsl and Intere~~ Borrower ahall pwmptly pay when due the prirtcipai of and intercat on the indebtedneas evidenced by the Note. pnpayment and late charges as provided in the Note, and the principal of and interest on any Flture Advances aecured by thia Mortgage. 2. PLnds for Tanes and Insurance. Subject to applicable law or to a written waive~ by l.ender, Borrower shall pay to I.ender on the day monthly installme~ts of principal and interest ere payable under the Note, until the Note ie paid i~ full, a aum (herei~ "F1nds") equal to one twelfth of the yeariy taxea and asseraments which may attain priority over thie Morlgage. and gmu~d rents on the Propeirty. if any. plus ont twelRh of yearly premium inatallments for hazard insurance, plua onetwelRh of yearly premium installments fo~ mortgage inaurance, if any, all as reasonably eatimated i~itially and from time to time by l.ender on the basis of asseasmenta and bills and reasonable estimatea thereof. '11~e ~nde shall be held in an institution the deposits or accounta of which an inaured or guaraateed by a Federal or State agency (including Lander if Lender is such an irtstitution). L,ender shal! apply the Funde to pay eaid taxes, asseesments, insurance premiums and grouad nnts. Lender may not charge tor so holding and applying the Funda, a~alyzing said account, or verifying and compiling said asaessments and biUs. untess Lender pays Bor~ower intereat on the ~nda and applicable law permita I.ender to make euch a charge. Borrower and L.ender may agree in writing at the time of e:ecution of this Mortgage that inte~t on the Funda shall be paid to Borrower, and unless euch agreement is made or applicable law requires auch interest to be paid, I.ender shall not be required to pey Borrower any interest or earnings on the PLnds. Lender ehaU give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the parpose for which each debit to the Ftinda was made. The Funda are pledged as additional security for the aume eecared by this Mortgage. If the amount of the ~-nds held by l.ender. together with the future monthly inatallmenta of Funde payable prior to the due dates of taxea, easeeemente, ineurance premiuma and ground rents, ahall e:cxd the amount reqaired to pay eaid taxes, aseesamenta, inaurance premiume and gtound rents aa they fall due. such e:cess aha11 be, at Bo~TOwer s option, either prompdy repaid to Borrower or credited to Borrower on monthly installments of ~nds. If the amount of the Funde held by Lender ahall not be aufficient to pay ta:ee, asseeamenta, insurance premiums and ground rente aa they lall due, Borrower shall pay to Lender any amount neceasary to meke up the deficiency within 30 days from the date notice is mailed by Lender to Bormwer requesting payment thereof. . Upon payment in full of all sums aecured by this Mortgage, L,ender ahall prompUy refund to Borrower any funda held by Lender. If under paragraph 18 hereof the Property ia eold or the Property is otherwiae acquired by Lender, Lender ahall apply, no later than immediately prior to the sale o[ the Property or ite aoquiaition by l.ender, any Funds held by I.ender at the time of application as a credit againat the suma secured by this Mortgage. 3. Application ot Peyments. Unleas applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof ehall be applied by Lender first in payment of amounta payable to l.ender by Borrower under paragrapli 2 heredf, then to intereat payable on the Note. then to the principal o[ the Note, and then w intereat and principal on any Future Advences. 9. Charges; Liens. Borrower shall pay all taxes, assessment4 and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or gmund rents, if any, in the manner pmvided under paragraph 2 hereof or, it not paid in auch manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all noticea of amounts due under this paragrapFi, and in the event F3orrower shall make payment directly, Borrower shall promptly furniah to Lender receipts evidencing such payments. ~3orrower shall promptly discharge any lien which has priority over this Mort{~age: provided, that Borrower shall not be required to discharge qny such lien so long as Borrower shall agree in writing to the payment o[lheobligation secured by such lien in a manner acceplable to I.ender, or shall in good faith cuntest such lien by, or delend en[orcement of such lien in, leqal proceedings which operate W prevent the enforcement ot the lien or forfeiture o[ the F'roperty or any part thereo(. 5. Hazard Ineurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loas by fire, hazarda included within the term "extended coverage," and such other hazards as I.endrr may require and in auch amounts and for sach periods as Lender may require; provided, that I.ender shall not require that the amount of such coverage exceed that amount of coverage required to pay the.sums secured by this Mort~age. The insurance carrier providinK the insuranm shall t-e chosen b~ R~~rrower subject to approval by [xnder, provided, that such approval ahall not be unreasonably withheld. All premiums on insurancr p~~licir~ sh:-il be p:~id in the mannrr pn-vided under paragraph 2 hercr,f or, i[ not paid in such manner, by Borrower making payment, when due, directl}• tu the insurance carrier. A1) insurance policies and renewals thereof shall be in [orm acceptable tu l.ender and shall include a standard mortgage clause in favorof and in form acceptable to Lender. l.ender shall have the right G~ hold the policies and renewals thereof, and Borrower shall promptly furnish to i.ender all cenewal notices and all receipts of paid premiums. In the event of loss. Korruwer shall give prompt notice to the insurance carrier and I.ender. Lender may make proof of loss if not made promptly by Borrower. Unlesa I.ender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided auch restoration or repair is econumically feasible and the scrurity of this Mortgage is not thereby impaired. If such reatoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeda ahall be applied to the auma secured by this Mortgage, with the excess, if any. paid to Borrower. If the Property is abandoned by Borrower, or if Borrower faile to rnepond to Lender within 30 days frum the date notice is mailPd by I.ender tu Borrower that the insurance carrier offers to aettle a claim for insurance benefita, Lender is authorized to collect and applv the insurance proceeds at l.ender's option either to reatoration or repair of the Pmpedy or the auma eecured by this Mortgage. ~ Unleae Lender and Borrower otherwise aKree in writing, any such application of proceeds to principal ahall not extend or poatpone thedue date of the monthly installments referred to in paragraphs 1 and 2 hereo( or change the amount of such installments. if under paragraph 18 hereof the Property is acquired by I.ender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof reaulting from damage to Property prior to the sale or acqaesition shall pass to Lender to the extent of the aums secured by this Mortgage immediately prior to such sale or acquisition. 6. Preservation and Maintenance otProperty; l,easeholda; Condominuma; Planned Unit Developmente. Borrowershall keep the Property in good repair and ahall not commit waste or permit impa~rment or deterioration of the Property and shall rnmply with the proviaions of any lease if thie Alortgage ia on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Rorrowe~ ahall perform all of F3orrowFr's obligations under the declaration or covenants creatinRor governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and rnnatituent documenta. If a condominium or planned unit development rider is executrd by Borrower and recorded together with this Mortgage, the oovenante and agreements of auch rider shaU be incorporated into and shal I amend and supplement the covenants and agreements of this Mortgage as iithe rider were a part hereoL 7_ Protection of I.ender's 3ecnrity. If Borrower faila to perform the rnrenante and agreementa contained in this Mortgage, or if any action or proceoding is rnmmeneed which materially affecte Lender's interest in the Property, including, but not limited to, eminent dowain, insolvency, oode enforcement, or arrangements or proceedinga involving a bankrupt or decedent, then Lender et Lender's option.upon notice to Borrower may make such appearances, dieburse euch aume and ta1~e such action as is neceaeary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney 8 fees and entry upon the Property to malce repairs. If Lender required mottgage insurance as a condition of making the loan eecured by thie Mortgage, Borrower ahall pay the premiums required to maintain euch insurance in effect until such time as the requirement for auch inearance terminatee in accordance with Borrower's and Lendtr's written agreement or applicable Law. Borrower ehall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 henwf. My smonnts diebursed by Lender pereuant to thia psragraph 7, with intereat thereon, ehall become additional indebtedness of Bonower secured by this Mortgage. Unleee Borrower and Lender agree to other terms of payment, such amounfa shell be payable upon notice trom Lender to Borrower requesting payment thereof, and shell bear intereat from the date of diebureement at the rate payable from time to time on outatanding principal under the Note unleae payment of intereat at auch rate would be oontrary to applicable law, in which event such emounte'shall bear interest at the higheat rate permiasible under applicable law. Nothing contained in this paragraph T, shall require Lender W incur any e:pense or take eny action hereunder. - ~~~x348 PA(;E2503 F c . ~ ~ ~ ' t: ~ ` ~"'a ~ _:.. ~_..,. , r , . . ..... . .. .. _ . t~. ~,~_:.:.~ .