Funds for Taxes and Insurance. Subject to applicable law or waiver by Lender, Borrower shall pay 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 (herein “Funds”) equal to one twelfth of the yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one twelfth of yearly premium installments for hazard insurance, plus one twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonably estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, Analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits lender to make such charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower any interest or earning on the Funds. Lender shall give to borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds were made. The funds are pledged as additional security for the sums secured by this Mortgage. If the amounts 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 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 Borrower’s option. Either promptly repaid to Borrower or credited to borrower on monthly installments of funds. If the amount of the Funds held by the Lender shall not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall due, Borrower shall pay to Lender any amounts necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund Borrower and funds held by Lender. If under paragraph 17 hereof the property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its Acquisition by lender, and funds held by the Lender at the time of application as a credit against the sums secured by this Mortgage.
Appears in 1 contract
Samples: Mortgage
Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable due under the Note, until the Note is paid pald in full full, a sum (herein “Funds”) equal to one twelfth of the for: (a) yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any, plus one twelfth of ; (c) yearly premium installments for hazard insurance, plus one twelfth of or property insurance premiums; (d) yearly premium installments for mortgage insuranceflood insurance premiums, if any; (e) yearly mortgage insurance premiums, all if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called “Escrow Items. “ Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower’ s escrow axxxxxx xnder the federal Real Estate Settlement Procedures Act of 1974 as reasonably estimated initially and amended from time to time by time, 12 U.S.C. I 2601 et seq. (“RESPA”), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of assessments current data and bills and reasonably reasonable estimates thereofof expenditures of future Escrow Items or otherwise in accordance with applicable law. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the The Funds shall be held in an institution the whose deposits or accounts of which are insured or guaranteed by a Federal federal agency, instrumentality, or state agency entity (including Lender Lender, if Lender is such an institution)institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rentsthe Escrow Items. Lender may not charge Borrower for so holding and applying the Funds, Analyzing said account annually analyzing the escrow account, or verifying and compiling said assessments and billsthe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and However, Lender may agree require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in writing at the time of execution of connection with this Mortgage that interest on the Funds shall be paid to Borrowerloan, and unless such applicable law provides otherwise. Unless an agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Borrower and Lender xxx xxxxe in xxxxxxg, however, that interest shall be paid on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the all sums secured by this MortgageSecurity Instrument. If the amounts of the Funds held by lenderLender exceed the amounts permitted to be held by applicable law, together Lender shall account to Borrower for the excess Funds in accordance with the future monthly installments requirements of funds payable 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 Borrower’s option. Either promptly repaid to Borrower or credited to borrower on monthly installments of fundsapplicable law. If the amount of the Funds held by the Lender shall at any time is not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender any amounts the amount necessary ~ to make up the deficiency. Borrower shall make up the deficiency in one or no more payments as Lender may requirethan twelve monthly payments, at Lender’s sole discrexxxx. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Lender shall promptly refund to Borrower and funds any Funds held by Lender. If If, under paragraph 17 hereof the property is sold or the Property is otherwise acquired by Lenderpaxxxxxxh 21 , Lender shall applyacquire or sell the Property, no later than immediately Lender, prior to the sale acquisition or gale of the Property or its Acquisition by lenderProperty, and funds xxall apply any Funds held by the Lender at the time of application acquisition or sale as a credit against the sums secured by this MortgageSecurity Instrument.
Appears in 1 contract
Samples: Mortgage
Funds for Taxes and Insurance. Subject Upon demand by Xxxxxx, Borrower shall, subject to applicable law or waiver by Lenderlaw, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable due under the Note, until the Note is paid in full full, a sum (herein “"Funds”") equal to one one-twelfth of the yearly (1/12) of:
(a) Yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and Security Instrument; (b) Yearly leasehold payments or ground rents on the Property, if any; (c) Yearly hazard insurance premiums, plus one twelfth of yearly premium installments for hazard insurance, plus one twelfth of yearly premium installments for and; (d) Yearly mortgage insuranceinsurance premiums, if any, all as reasonably estimated initially and from time to time by . These are called "Escrow Items". Lender may estimate the funds due on the basis of assessments current data and bills and reasonably reasonable estimates thereoffor future escrow items. Borrower shall At the inception of this loan Lender is not be obligated to make such payments requiring payment of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lenderescrow items. If Borrower pays Funds to Lender, the Funds The funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal federal or state agency (including Lender agency, if Lender is such an institution)available. Lender shall apply the Funds funds to pay said taxes, assessments, insurance premiums and ground rentsthe escrow items. Lender may not charge for so holding and applying the Fundsfunds, Analyzing said analyzing the account or verifying and compiling said assessments and billsthe escrow items, unless Lender Xxxxxx pays Borrower interest on the Funds funds and applicable law permits lender the Lender to make such a charge. Borrower Xxxxxxxx and Lender Xxxxxx may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such on the funds. Unless an agreement is made or applicable law requires such interest to be paidPaid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Fundsfunds. Lender shall give to borrower, Borrower without charge, an annual accounting of the Funds funds showing credits and debits to the Funds funds and the purpose for which each debit to the Funds were funds was made. The funds are pledged as additional security for the sums secured by this MortgageSecurity Instrument. If the amounts amount of the Funds funds held by lenderXxxxxx, together with the future monthly installments payments of funds payable prior to the due dates of taxes, assessments, insurance, premiums, and ground rentsthe escrow items, shall exceed the amount required to pay said taxes, assessments, insurance, premiums, and ground rents as they fall the escrow items when due, such the excess shall be at Borrower’s 's option. Either , either promptly repaid to Borrower or credited credit to borrower Borrower on monthly installments payments of funds. If the amount of the Funds funds held by the Lender shall Xxxxxx is not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall the escrow items when due, Borrower shall pay to Lender any amounts amount necessary to make up the deficiency in one or more payments as Lender may requirerequired by Lender. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Lender Xxxxxx shall promptly refund to Borrower and any funds held by LenderXxxxxx. If under paragraph 17 hereof Paragraph 19 the property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property property or its Acquisition acquisition by lenderLender, and any funds held by the Lender Xxxxxx at the time of application as a credit against the sums secured by this MortgageSecurity Instrument. Lender may require or waive the requirement of payment of escrow for any given year.
Appears in 1 contract
Samples: Mortgage Agreement (Pinecrest Investment Group Inc)
Funds for Taxes and Insurance. Subject to applicable law or waiver by law, at the written request of Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the NoteLender, until the Note Bond is paid in full full, a sum (herein “"Funds”") equal to one twelfth of the for: (a) yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and Security Instrument as a lien on the Property, if any; (b) yearly leasehold payments or ground rents on the Property, if any, plus one twelfth of ; (c) yearly premium installments for hazard insurance, plus one twelfth of yearly premium installments for mortgage insuranceor property insurance premiums, if any; and (d) yearly flood insurance premiums, all if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Xxxxxxxx's escrow account under the federal Real Estate Settlement Procedures Act of 1974, as reasonably estimated initially and amended from time to time by time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law or federal regulation that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of assessments current data and bills and reasonably reasonable estimates thereofof expenditures of future Escrow Items or otherwise in accordance with applicable law. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the The Funds shall be held by a federal agency (including Lender) or in an institution the whose deposits or accounts of which are insured or guaranteed by a Federal federal agency, instrumentality, or state agency (including Lender if Lender is such an institution)entity. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rentsthe Escrow Items. Lender may not charge Borrower for so holding and applying the Funds, Analyzing said account annually analyzing the escrow account, or verifying and compiling said assessments and billsthe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and However, Lender may agree require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in writing at the time of execution of connection with this Mortgage that interest on the Funds shall be paid to Borrowerloan, and unless such applicable law provides otherwise. Unless an agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Xxxxxxxx and Xxxxxx may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the all sums secured by this MortgageSecurity Instrument. If the amounts of the Funds held by lenderLender exceed the amounts permitted to be held by applicable law, together Lender shall account to Borrower for the excess funds in accordance with the future monthly installments requirements of funds payable 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 Borrower’s option. Either promptly repaid to Borrower or credited to borrower on monthly installments of fundsapplicable law. If the amount of the Funds held by the Lender shall Xxxxxx at any time is not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender any amounts the amount necessary to make up the deficiency. Borrower shall make up the deficiency in one or no more payments as Lender may requirethan twelve monthly payments, at Xxxxxx's sole discretion. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Lender shall promptly refund to Borrower and funds any Funds held by LenderXxxxxx. If Lender shall acquire or sell the Property after acceleration under paragraph 17 hereof the property is sold or the Property is otherwise acquired by 22, Lender, Lender shall apply, no later than immediately prior to the acquisition or sale of the Property or its Acquisition by lenderProperty, and funds shall apply any Funds held by the Lender at the time of application acquisition or sale as a credit against the sums secured by this MortgageSecurity Instrument.
Appears in 1 contract
Samples: Mortgage
Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full full, a sum (herein “Funds”) equal to one one-twelfth of the yearly taxes and assessments (including condominium and planned unit developments development assessments, if any) which may attain priority over this Mortgage Deed of Trust, and ground rents on the Property, if . If any, plus one one-twelfth of yearly premium installments for hazard insurance, plus one one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonably reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments payments to the holder of a prior mortgage or deed of trust if such a holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, Analyzing analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and Lender may agree in writing at a the time of execution of this Mortgage Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the sums secured by this MortgageDeed of Trust. If the amounts amount of the Funds held by lenderLender, together with the future monthly installments of funds Funds payable prior to the due dates of taxes, assessments, insurance, premiums, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance, premiums, insurance premiums and ground rents as they fall due, such excess shall be be, at Borrower’s option. Either , either promptly repaid to Borrower or credited to borrower Borrower on monthly installments of fundsFunds. If the amount of the Funds held by the Lender shall not be sufficient to pay taxes, assessments, insurance, premiums, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amounts amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this MortgageDeed of Trust, Lender shall promptly refund to Borrower and funds any Funds held by Lender. If under paragraph 17 hereof the property Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its Acquisition acquisition by lenderLender, and funds any Funds held by the Lender at the time of application as a credit against the sums secured by this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust
Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable due under the Note, until the Note is paid in full full, a sum (herein “"Funds”") equal to one twelfth of the for: (a) yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any, plus one twelfth of ; (c) yearly premium installments for hazard insurance, plus one twelfth of yearly premium installments for mortgage insuranceor property insurance premiums, if any; (d) yearly flood insurance premiums, all if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Xxxxxxxx's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as reasonably estimated initially and amended from time to time by time, 12 U.S.C Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of assessments current date and bills and reasonably reasonable estimates thereofof expenditures of future Escrow Items or otherwise in accordance with applicable law. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the The Funds shall be held in an institution the whose deposits or accounts of which are insured or guaranteed by a Federal federal agency, instrumentality, or state agency entity (including Lender Lender, if Lender is such an institution)) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rentsthe Escrow Items. Lender may not charge Borrower for so holding and applying the Funds, Analyzing said account annually analyzing the escrow account, or verifying and compiling said assessments and billsthe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and However, Lender may agree require Borrower to pay a one-time charge for an independent real estate reporting service used by Lender in writing at the time of execution of connection with this Mortgage that interest on the Funds shall be paid to Borrowerloan, and unless such applicable law provides otherwise. Unless an agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Xxxxxxxx and Xxxxxx may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the all sums secured by this MortgageSecurity Instrument. If the amounts 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 ground rents, shall Lender exceed the amount required permitted to pay said taxesbe held by applicable law, assessments, insurance, premiums, and ground rents as they fall due, such excess Lender shall be at Borrower’s option. Either promptly repaid account to Borrower or credited to borrower on monthly installments for the excess Funds in accordance with the requirements of fundsapplicable law. If the amount of the Funds held by the Lender shall at any time is not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender any amounts the amount necessary to make up the deficiency. Borrower shall make up the deficiency in one or no more payments as Lender may requirethan twelve monthly payments, at Xxxxxx's sole discretion. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Lender shall promptly refund to Borrower and funds any Funds held by LenderXxxxxx. If If, under paragraph 17 hereof the property is sold or the Property is otherwise acquired by Lender21, Lender shall applyacquire or sell the Property, no later than immediately Lender, prior to the acquisition or sale of the Property or its Acquisition by lenderProperty, and funds shall apply any Funds held by the Lender at the time of application acquisition or sale as a credit against the sums secured by this MortgageSecurity Instrument.
Appears in 1 contract
Samples: Mortgage
Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable due under the Note, until the Note is paid in full full, a sum (herein “"Funds”") equal to one twelfth of the for: (a) yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any, plus one twelfth of ; (c) yearly premium installments for hazard insurance, plus one twelfth of or property insurance premiums; (d) yearly premium installments for mortgage insuranceflood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) all sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Xxxxxxxx's escrow account under the federal Real Estate Settlement Procedures Act of 1974, as reasonably estimated initially and amended from time to time by time, 12 U.S.C. 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. Lender may estimate the amount of Funds due on the basis of assessments current data and bills and reasonably reasonable estimates thereofof expenditures of future Escrow Items or otherwise in accordance with applicable law. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the The Funds shall be held in an institution the whose deposits or accounts of which are insured or guaranteed by a Federal federal agency, instrumentality, or state agency entity (including Lender Lender, if Lender is such an institution)) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rentsthe Escrow Items. Lender may not charge Borrower for so holding and applying the Funds, Analyzing said account annually analyzing the escrow account, or verifying and compiling said assessments and billsthe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such Unless an agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Xxxxxxxx and Xxxxxx may agree in writing, however, that interest shall be paid on Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the all sums secured by this MortgageSecurity Instrument. If the amounts of the Funds held by lenderLender exceed the amounts permitted to be held by applicable law, together Lender shall account to Borrower for the excess Funds in accordance with the future monthly installments requirements of funds payable 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 Borrower’s option. Either promptly repaid to Borrower or credited to borrower on monthly installments of fundsapplicable law. If the amount of the Funds held by the Lender shall Xxxxxx at any time is not be sufficient to pay taxesthe Escrow Items when due, assessments, insurance, premiumsLender may so notify Borrower in writing, and ground rents as they fall duein such case, Borrower shall pay to Lender any amounts the amount necessary to make up the deficiency. Borrower shall make up the deficiency in one or no more payments as Lender may requirethan twelve monthly payments, at Xxxxxx's sole discretion. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Lender shall promptly refund to Borrower and funds any Funds held by LenderXxxxxx. If under paragraph 17 hereof the property is sold or the Property is otherwise acquired by Lender21, Lender shall applyacquire or sell the Property, no later than immediately Lender, prior to the acquisition or sale of the Property or its Acquisition by lenderProperty, and funds shall apply any Funds held by the Lender at the time of application acquisition or sale as a credit against the sums secured by this MortgageSecurity Instrument.
Appears in 1 contract
Samples: Mortgage
Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full full, a sum (herein “"Funds”") equal to one one-twelfth of the yearly taxes and assessments (including condominium and planned unit developments development assessments, if any) which may attain priority over this Mortgage Deed of Trust, and ground rents on the Property, if any, plus one one-twelfth of yearly premium installments for hazard insurance, plus one one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonably reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments payments to the holder of a prior mortgage or deed of trust if such a holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, Analyzing analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the sums secured by this MortgageDeed of Trust. If the amounts amount of the Funds held by lenderLender, together with the future monthly installments of funds Funds payable prior to the due dates of taxes, assessments, insurance, premiums, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance, premiums, insurance premiums and ground rents as they fall due, such excess shall be be, at Borrower’s 's option. Either , either promptly repaid to Borrower or credited to borrower Borrower on monthly installments of fundsFunds. If the amount of the Funds held by the Lender shall not be sufficient to pay taxes, assessments, insurance, premiums, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amounts amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this MortgageDeed of Trust, Lender shall promptly refund to Borrower and funds any Funds held by Lender. If under paragraph 17 hereof the property Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its Acquisition acquisition by lenderLender, and funds any Funds held by the Lender at the time of application as a credit against the sums secured by this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust
Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable due under the Note, until the Note is paid in full full, a sum (herein “"Funds”") equal to one twelfth of the for: (a) yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any, plus one twelfth of ; (c) yearly premium installments for hazard insurance, plus one twelfth of or property insurance premiums; (d) yearly premium installments for mortgage insuranceflood insurance premiums, if any; (e) yearly mortgage insurance premiums, all if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8. in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items". Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Xxxxxxxx's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as reasonably estimated initially and amended from time to time by time, 12 U.S.C. (S) 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of assessments current data and bills and reasonably reasonable estimates thereofof expenditures of future Escrow Items or otherwise in accordance with applicable law. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the The Funds shall be held in an institution the whose deposits or accounts of which are insured or guaranteed by a Federal federal agency, instrumentality, or state agency entity (including Lender Lender, if Lender is such an institution)) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rentsthe Escrow Items. Lender may not charge Borrower for so holding and applying the Funds, Analyzing said account annually analyzing the escrow account, or verifying and compiling said assessments and billsthe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and However, Lender may agree require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in writing at the time of execution of connection with this Mortgage that interest on the Funds shall be paid to Borrowerloan, and unless such applicable law provides otherwise. Unless an agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Xxxxxxxx and Xxxxxx may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the all sums secured by this MortgageSecurity Instrument. If the amounts of the Funds held by lenderLender exceed the amounts permitted to be held by applicable law, together Lender shall account to Borrower for the excess Funds in accordance with the future monthly installments requirements of funds payable 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 Borrower’s option. Either promptly repaid to Borrower or credited to borrower on monthly installments of fundsapplicable law. If the amount of the Funds held by the Lender shall at any time is not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender any amounts the amount necessary to make up the deficiency. Borrower shall make up the deficiency in one or no more payments as Lender may requirethan twelve monthly payments, at Xxxxxx's sole discretion. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Lender shall promptly refund to Borrower and funds any Funds held by LenderXxxxxx. If If, under paragraph 17 hereof the property is sold or the Property is otherwise acquired by Lender21, Lender shall applyacquire or sell the Property, no later than immediately Lender, prior to the acquisition or sale of the Property or its Acquisition by lenderProperty, and funds shall apply any Funds held by the Lender at the time of application acquisition or sale as a credit against the sums secured by this MortgageSecurity Instrument.
Appears in 1 contract
Samples: Mortgage (Emachines Inc /De/)
Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower borrower shall pay to Lender on the day monthly payments of principal and interest are payable due under the Note, until the Note is paid in full full, a sum (herein “Funds”"funds") equal to one twelfth of the for: (a) yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and the Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any, plus one twelfth of ; (c) yearly premium installments for hazard insurance, plus one twelfth of or Property insurance premiums; (d) yearly premium installments for mortgage insuranceflood insurance premiums, if any; (e) yearly mortgage insurance premiums, all if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an mount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Xxxxxxxx's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as reasonably estimated initially and amended from time to time by time, 12 U.S.C. ss 2601 et seq. ("RESPA"), unless another law that applies to the funds sets a lesser amount. IF so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of assessments current data and bills and reasonably reasonable estimates thereofof expenditures of future Escrow Items or otherwise in accordance with applicable law. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the The Funds shall be held in an institution the whose deposits or accounts of which are insured or guaranteed by a Federal federal agency, instrumentality, or state agency entity (including Lender Lender, if Lender is such an institution)) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rentsthe Escrow Items. Lender may not charge Borrower for so holding and applying the Funds, Analyzing said account annually analyzing the escrow account, or verifying and compiling said assessments and billsthe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and However, Lender may agree require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in writing at the time of execution of connection with this Mortgage that interest on the Funds shall be paid to Borrowerloan, and unless such applicable law provides otherwise. Unless an agreement is made or applicable law requires such interest to be paid, Lender shall not no1 be required to pay borrower Borrower any interest or earning earnings on The Funds. Xxxxxxxx and Xxxxxx may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the all sums secured by this MortgageSecurity Instrument. If the amounts of the Funds held by lenderLender exceed the amounts permitted to be held by applicable law, together Lender shall account to Borrower for the excess funds in accordance with the future monthly installments requirements of funds payable 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 Borrower’s option. Either promptly repaid to Borrower or credited to borrower on monthly installments of fundsapplicable law. If the amount of the Funds held by the Lender shall at any time is not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender any amounts the amount necessary to make up the deficiency. Borrower shall make up the deficiency in one or no more payments as Lender may requirethan twelve monthly payments, at Xxxxxx's sole discretion. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Lender shal1 promptly refund to Borrower any Funds held by Xxxxxx. If, under paragraph 21, Lender shall promptly refund Borrower and funds held by Lender. If under paragraph 17 hereof acquire or sel1 the property is sold or the Property is otherwise acquired by Property, Lender, Lender shall apply, no later than immediately prior to the acquisition or sale of the Property or its Acquisition by lenderProperty, and funds shall apply any Funds held by the Lender at the time of application acquisition or sale as a credit against the sums secured by this MortgageSecurity Instrument.
Appears in 1 contract
Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable due under the Note, until the Note is paid in full full, a sum (herein “"Funds”") equal to one twelfth of the for: (a) yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Propertyproperty, if any, plus one twelfth of ; (c) yearly premium installments for hazard insurance, plus one twelfth of or property insurance premiums; (d) yearly premium installments for mortgage insuranceflood insurance premiums, if any; (e) yearly mortgage insurance premiums, all if any; and (f) any sums payable by Borrower to Lender in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrowers escrow account under the Federal Real Estate Settlement Procedures Act of 1974 as reasonably estimated initially and amended from time to time by time. 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of assessments current data and bills and reasonably reasonable estimates thereofof expenditures of future Escrow Items or otherwise in accordance with applicable law. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the The Funds shall be held in an institution the whose deposits or accounts of which are insured or guaranteed by a Federal federal agency, instrumentality, or state agency entity (including Lender Lender, if Lender is such an institution)) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rentsthe Escrow Items. Lender may not charge Borrower for so holding and applying the FundsFunds annually analyzing the escrow account, Analyzing said account or verifying and compiling said assessments and billsthe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such charge. Borrower and However, Lender may agree require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in writing at the time of execution of connection with this Mortgage that interest on the Funds shall be paid to Borrowerloan, and unless such applicable law provides otherwise. Unless an agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Xxxxxxxx and Xxxxxx may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the all sums secured by this MortgageSecurity Instrument. If the amounts of the Funds held by lenderLender exceed the amounts permitted to be held by applicable law, together Lender shall account to Borrower for the excess Funds in accordance with the future monthly installments requirements of funds payable 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 Borrower’s option. Either promptly repaid to Borrower or credited to borrower on monthly installments of fundsapplicable law. If the amount of the Funds held by the Lender shall at any time is not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender any amounts the amount necessary to make up the deficiency. Borrower shall make up the deficiency in one or no more payments as Lender may requirethan twelve monthly payments, at lender's sole discretion. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Xxxxxx shall promptly refund to Borrower any funds held by Xxxxxx. If, under paragraph 21, Lender shall promptly refund Borrower and funds held by Lender. If under paragraph 17 hereof acquire or sell the property is sold or the Property is otherwise acquired by Property, Lender, Lender shall apply, no later than immediately prior to the acquisition or sale of the Property or its Acquisition by lenderproperty, and funds shall apply any Funds held by the Lender at the time of application acquisition or sale as a credit against the sums secured by this MortgageSecurity Instrument.
Appears in 1 contract
Samples: Mortgage
Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable due under the Note, until the Note is paid in full full, a sum (herein “Funds”) equal to one twelfth of the for: (a) yearly taxes and assessments (including condominium and planned unit developments assessments, if any) which may attain priority over this Mortgage and Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any, plus one twelfth of ; (c) yearly premium installments for hazard insurance, plus one twelfth of or property insurance premiums; (d) yearly premium installments for mortgage insuranceflood insurance premiums, if any; (e) yearly mortgage insurance premiums, all if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called “Escrow Items.” Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Xxxxxxxx's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as reasonably estimated initially and amended from time to time by time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of assessments current data and bills and reasonably reasonable estimates thereofof expenditures of future Escrow Items or otherwise in accordance with applicable law. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such Payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the The Funds shall be held in an institution the whose deposits or accounts of which are insured or guaranteed by a Federal federal agency, instrumentality, or state agency entity (including Lender Lender, if Lender is such an institution)) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rentsthe Escrow Items. Lender may not charge Borrower for so holding and applying the Funds, Analyzing said account annually analyzing the escrow account, or verifying and compiling said assessments and billsthe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender Lender to make such a charge. Borrower and However, Lender may agree require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in writing at the time of execution of connection with this Mortgage that interest on the Funds shall be paid to Borrowerloan, and unless such applicable law provides otherwise. Unless an agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay borrower Borrower any interest or earning earnings on the Funds. Xxxxxxxx and Xxxxxx may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to borrowerBorrower, without charge, an annual accounting of the Funds Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds were was made. The funds Funds are pledged as additional security for the all sums secured by this MortgageSecurity Instrument. If the amounts of the Funds held by lenderLender exceed the amounts permitted to be held by applicable law, together Lender shall account to Borrower for the excess Funds in accordance with the future monthly installments requirements of funds payable 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 Borrower’s option. Either promptly repaid to Borrower or credited to borrower on monthly installments of fundsapplicable law. If the amount of the Funds held by the Lender shall at any time is not be sufficient to pay taxes, assessments, insurance, premiums, and ground rents as they fall the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender any amounts the amount necessary to make up the deficiency. Borrower shall make up the deficiency in one or no more payments as Lender may requirethan twelve monthly payments, at Xxxxxx's sole discretion. Upon payment in full of all sums secured by this MortgageSecurity Instrument, Lender shall promptly refund to Borrower and funds any Funds held by LenderXxxxxx. If If, under paragraph 17 hereof the property is sold or the Property is otherwise acquired by Lender21, Lender shall applyacquire or sell the Property, no later than immediately Lender, prior to the acquisition or sale of the Property or its Acquisition by lenderProperty, and funds shall apply any Funds held by the Lender at the time of application acquisition or sale as a credit against the sums secured by this MortgageSecurity Instrument.
Appears in 1 contract
Samples: Deed of Trust