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HomeMy WebLinkAbout0970 UNIFORM COVENANTS. Borcovrer a~d l.ender covenant and agcee as foilows: s j l. Paymeat of Painclpal aad Interat. Bormwe~ shall promptty pay when~d~•the pri~c~~ .a~d interest in- debtedness evidenced by the Note and late charges as pmvided in the Note. ;~t! , ti~~~ r,~[ y+~ 2. k'uud~ [or Tues wd lasuraace. Subject to ap~licable !aw or a written waiver by [3e~.~ortower~lMt~fay to Lender on the day monthly payments of principal and interest are payable under the Note. until the Note is paid in full, a sum lherein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments. if any) which may attain priority aver this Mortgage and ground tents on the Propecty. if any. plus one-tweltth of yearly premium installments for hazard insurance. plus o~e-twelRh of yearly pcemium in- stallments for mortgage insurance, if any. all as reasonably estimated initially and from time to time by Lendor on the basis of assessments and bills and reasonable tstimates thereof. Borrower shall not be obligated to make such payments of Funds to [.ender to the eutent that Botrower makes such payments to the holder of a priot mortgage or deed of trust if ~ such hoider is an institutional fender. ~ lf Borrower pays Funds to Lender. the Funds shall be held in an institution the deposits or accounts of which are in- sured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). I.ender shall apply ; the Funds to pay said taxes. assessments. insurance pnmiums and gmund rents. Lender may not charge for so hotding and applying the Funds, analyzing said account or verifying and compiling said assessments and bilis, untess Lender pays Bortower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and l,ender ~ may agree in writing at the time of execution of this Mottgage that interest on the Funds shall be paid to Borrower, and unless sucb agreement is made or applicable law requims such interest io be paid. Lender shall not be cequired to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without chazge, an annual accounting of ; the Funds showing credits and debits to the Funds and the purpose for which each debit te the Funds was made. The - Funds are pledged as additional security for the sums secured by this 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 gtound rents. shall exceed the amount required to pay said ' tazes, assessments. insurance premiums and ground rents as they fall duc. such excess shall be, at Bortower's opiion, ? either ptomptly repaid to Borrower or credited to Borcower on monthly installments of Funds. If the amount of the ; Funds held by L.ender shall not be sut~'icient to pay taxes~ assessments. insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessaryto make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, I.ender shall promptly refund to Bonower any Funds held by Lender. lf under paragraph 17 hereof the Property is sold or the Property is otherwise acquired tiy Lender, . Ixnder shall apply. no later than immediately prior to the sale of the Yroperty or its acquisition by Lender, any Funds held by I.snder at the time of application as a credit against the sums secured by this Mortgage. 3. Applkatbn of P~yments. Unless appiicabie 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, end then to the principai of the Note. ~ 4. Prbr Mortgages and Dads of Trost; Charga; Uens. Borrower shall perform all of Borrower's obligations ~ under any mortgage. deed of trust ~or other security agreement with a lien which has priority over this Mortgage, in• ~ cluding Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid alt taxes, assessments - and other charges. fines and impositions attributable to the Property which may attain a priority over this Mortgage. ` and leasehold payments or ground rents, if any. - S. Bazard Insnrance. Borrower shali keep the impro~-ements now existing or hereaRer erected on the ~Property insured against toss by fire, hazards included within the term "eactended co~erage". and such other haaards as Lender may require and in such amourits and for such periods as Lender may require. The insuraace carrier providing the insurance shall be chosen by Borrow•er subject to approval by Lender; provided. that such approval shall not be unceasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. L.ender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which haz priority over t6is Mortgage. In the event of luss, Borrow~er shall give prompt notice to the insurance carrier and I.ender. Lender may make proof of loss if not made promptty by Barrower. If the Praperty is abandoned by Borrower, or if Borrower fails to respond to I.ender 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. Lende~ is authoriied to collect and apply the insurance proceecis at Lender'a option either to restoration or repair of the Prop- ~ erty or to the sums secured by this Mortgage. 6. Praenatbn and M~lntenance of Propert~; I,ease6olds; Condominlams; PWmed Unit Developmentr. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or detetioration of the Property and shall comply with the provisions of any lease if this Mortgage 'ts on a leasehoM. If this Mortgage is on a unit in a con- dominium or a planned unit development, Borrower shall perform all of 8onower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the con- dominium or planned unit development, and constituent documents. 7. Protectbn of I.ender's Secarig. If Borrower fails to perform the covenants and agreements contained in this Mortgage. or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender. at Lender's option, upon notice to Borrower, may make such appeazances, disburse such sums, including reasonable attorneys' fees, and take such aMion as is necessary to protect Lender's interest. If Lender requir+ed mortgage insurance as a condition of making the Ioan secured by this Mortgage, Burrower shall pay ihe premiums required to maintain such insurance in effect until such time as the cequirement for such insurance terminates in accordance with Borrower's and Lender's written agreemeni or applieable law. Any amounts disbursed by L.ender pursuant to this pazagraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and I.ender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Bonower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspectbn. Lender may make or cause to be made reasonable entries upon and inspections of tt~e ,Pjroperty, pro- vided that Lender shall give Borrower notice prior to any such, inspecfiQ4 sQecifying reasonable~c'~use~therefor related to Lender's interest in the Property. 9. Condemn~?ttoa. The proc~eeds of any award or claim for damages, direct or consequential, in connection with any " , condemnatioa or other taking of the Property, or part thereof. or for conveyance in lieu of condemnation, are hereby assigned and shal! be paid to Lender, subject to the terms of any mortgage, deed of ttust or other security agrcement with a lien which has priority over this 1~9ortgage. ~ - ~ ~ ~434 ~ 96~g ~433 ~~1~3 ~ - . _ ' . . . _ ~n~ ,i~a'.~,.i ~ ~ ' ~ . i~." w--••*~,% ~du#. .