HomeMy WebLinkAbout0063 l,'~vir-'utttit Cu~'FV ~!r'7 S l3urn~~+er and Lrnd~r cuti~nant and agrte ;is full~~ws:
1. Pa~ment oi Pr[ncipa! xnd Interesl. BurroHer shail prumpth pa~• ~hen due thc principal and ;ntrcelt in-
dcbtrdness e~•idenced b~ the Note and late charges as pro~~ided in thr Note.
2. Funck for Ta:es and Insuri?nce. Subject to applicable law or a written w•ai~~er h~ l.ender, B~?rrower lhall pa}• tu
Lrnder on the da~~ munthl~' pa}~ments of principal and interest are payabie under the Note, until the Note iti paid in fuil,
a sum Iherein "Funds") eyua! to one-twelfth ~~t~ the yeariy taxes and assessments (including condominium and planned
unit de~•elopment assessments, if any) which may attain priority o~•er this Mortgage and ground rents on the Property, if
~n~•, plus ane-tHrltth of }~earl}~ premium instailments for hazard insurance, plus one-tw~elfih of y~early premium in-
stallments for mortgage insurance, it~ an}•, all as reasonably estimated initially and from time to time b}• Lender on the
basis of assessments and bills and reasonable estimates thereof. Borrow•er shall not be obiigated ta make such paymcnts
of Funds to Lender to the extent that Borrow~er makes such pa~•ments to the holder of a prior mortgage or de~d of trust if
~uch holder is an institutional lender.
It KorroHer pa}•s Funds to Lender, the Funds shall be held in an institution the deposits or accounts of ~~•hich are in-
sured or guaranteed b}~ a Federal or state agency (including Lender if Lender is such an institutionl. L.ender shall appl~~
the Funds to pa}• said taxes, assessments, insurance premiums and ground rents. Lender ma}• not charge forso holding
and appl~~ing the Funds, analy~zing said account or verifying and campilin~ ~aid a~~es~ments and bills, unless Lender
pa~~s Borrower interest on the Funds and applicable la..~ permits Lender to make such a charge. BorroH~er and Lender
ma~~ agree in a~riting at the time of execution of this Mortgage that interest on the Funds shall be paid to Bonow~er, and
unless such agreement is made or applicable law~ requires such interest to be paid, Lender shall not be required to pay
Borrow~er any interest or earnings on the Funds. Lender shall give to B~rrow•er, without charge, an annual accounting of
the Funds shoH~ing credits and debits to the Funds and the purpose for w•hich each debit to the Funds ~•as made. The ,
Funds are pledged as additional securit}• for the sums secured b}• this Mortgage.
If the amount of the Funds held b~• Lender, together a~ith the future monthly installments af Funds pa~•able prior to
the due dates of~taxes, assessments. insurance premiums and ground rents, shall exceed the amount required to pay said
taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrow~er's option,
rither prumptl~• repaid to Borrow~er or credited to Borrow~er on monthly instaliments of Funds. If the amount of the
Funds held by~ Lender shall not be sutlicient to pa}• taxes, assessments, insurance premiums and ground rents as they faN
due. BorroHer shall pay to Lender any amount necessary to make up the deficienc}• in one or more pa}•ments as Lender
ma}~ require.
Upon pa~~ment in t~ull of all sums secured b}' this Mortgage. Lender shall promptl~• refund to Borrow~er an~~ Funds
held b}~ L.ender. If under paragraph 1' hereof the Propert}• is sold or the Propert} is otherw~ise acquired b~~ l,ender,
Lender shall ~pply, no later than immediateh~ prior to the sale of the t'roperty or its acquisition by Lender, an}• Funds
held h~ Lcnder at the time of application as a credit against the sums secured by this Mortgage.
3. Applieation of Pa~ments. Unless applicable law~ provides otherw~ise. all payments recei~•ed by Lender under
thc N~~te and paragraphs 1 and 2 hereof shall be applied b}~ l,ender first in payTnent of amounts payable to Lender b}•
Borru~+er under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of thr Note.
4. Prior Mortgages and Deedc of Trust; Charges; Liens. Borrow~er shall perform all of Borrow~er's obligations
under any mortgage, deed of trust or other security agreement w•ith a lien which has priority over this Mortgage. in-
cluding Borrow~er's co~~enants to maTce payinents w~hen due. Borrower shall pay or cause to be paid all taxes, assessments
, and other charger. tines.and ~mposit(pns•~ttnbutable to the Propert}• w~hich may attain a priority over this Mortgage.
and leasehold payr~entser geou~~puts, if any.
' S. Ha:acd.lasurance.~ Bor;~~#~ll keep the impro~~ements now• existing or hereafter erected on the Property
i insured against loss ~i~~ fire, hazards included Within the term "extended co~•erage", and such other hazards as Lender
I ma~~ require and in such amounts and for such periods as Lender may require.
i 'I~hr insurance carrier prociding the insurance shall be chosen b~• Borrow~er subject to appro~~al b}• Lender: pro~~ided.
~ that wrh appru~al shall not be unreasonably ~~ithheld. All insurance policies and renewals thereof shall be in a form
~ acreptahlc t~~ l.ender and shall include a standard mortgage clause in fa~•or of a:~d in a form acceptable to Lender.
5 Lender shall ha~~e the right to hold the policies and renew~als thereof, subject to the terms of an}~ mortgage, deed uf trust
E ur other securitc agreement w•ith a lien w~hich has priority over this Mortgage.
In the e~~ent of loss. Borrow•er shall give prompt notice to the insurance carrier and Lender. Lender may make
~ pre~uf of loss it~ not matie promptl~• b~• Borrow~er.
s li~ the Propert}• is abandoned b}• Borrow~er, or if Borrow~er fails to respond to L,ender K•ithin 30 da~•s from the date
° notice is mailed b~~ Lender to Borrow~er that the insurance carrier offers 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 Prop-
ert}~ or to the sums secured by this Mortgage.
~ 6. Preser`ation and Maintenance of Property; Leaseholds; Condomtnjams; Planned Unit Developments. Borrow~er
~ ~hall keep the t'ropertr in good repair and shall not commit w~aste or permit impairment or deterioration of the Property
~ and shall romply u~ith the provisions of any lease if this Mortgage is on a leasehold. lf this Mortgage is on a unit in a con-
; dominium or a planned unit deveiopment, Borrow~er shall perform all of Borrower's obligations under the declaration or
~ co~•enants creating or governing the condominium or planned unit development, the by-law~s and regulations of the con-
dominium or planned unit development, and constituent documents.
~ 7. Protection of Lender's Security. 1f Bonower fails to perform the co~~enants and agreements contained in this
~ Mortgage, or if an}~ action or proceeding is commenced w•hich materially affects Lender's interest in the Property, th~n
Lender, at Lender's option, upon notice to Borrow•er, may make such appearances, disburse such sums, including
reasonable aEEorneys' fees, and take such action as is necessar~ to proiect Lender's interest. tf Lender required mortgage
insurance as a condition of making the loan secured by this Mortgage, Bonow~er shall pa~~ the premiums required to
maintain such insurance in effect un[il such time as the requirement for such insurance terminates in accordance w~ith
Borrow~er's and Lender's written agreement or applicable law.
Any amounts disbursed bp Lender pursuant to this paragraph 7, w~ith interest thereon, at the Note rate, slial!
become additional indebtedness of Borrow~er secured by this Mortgage. Unless Sorrow~er and Lender agrce to other
terms of pag•ment, such amounts shall be payabie upon notice from Lender to Borrow~er requesting payTnent thereof.
Nothirg contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.
~ 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Propert}~. pro-
~~ided that Lender shall give Borrow•er notice prsor to any such inspection specifying reasonable cause therefor related to
~ Lender's interest in the Property.
> 9. Condemnation. The proceeds of any aw•ard or claim for damages, direct or consequential, in connection w~ith an}•
' condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condennation, are hereb}•
assigned and shail be paid to l.ender, subject to the terms of an~• mortgage, deed of trust or other securit}• agreement
w ith a lien Which has priority over this Mortgage.
BO~x ~75 PAGE 063
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