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�� ' , <br />� � �.� <br /> � If under paragraph 1S hereof the Yroperty is sold m• thc Property is othenvise acquirecl by l.ender, Lender � <br /> sl� all fippiy, no Jater tl�nn immediately prior to tl�e salc of tlie Propert}� or itv accauisitsion b_y I,ender, any Funds � <br /> held by Lender :�t the tiime of application as a credit ag�iiist the suins ,ecured b�• this l�ortgage. <br /> 3. Application of Payments. LTnlecs aji�ilieablc latv provides otherwise, all payments received �y Lender <br /> undertitie Note and ��aragraplisl and 2 I�ereof slixll bc apjalied by I.ender first in pay�nent of aiiiounts payable to <br /> Lender by Borrower under ��aragra��li 2 l�ereof, then to interest pay:zble on the \Tot.e and on I uture Advances, it <br /> � any, and then to the grincipal , of the i\Totc ancl to the principal of FLiture Advances , if any. <br /> 4. Charges; I.iens. Borrower sl�all payall tssxes, assessments and otlier charges, fines and im}�ositions attrib- <br /> utable to the i'roperty which ma,y attain a }�riority over itiis �forigKge, and grouud reuts ; it any, at Lender's <br /> ` � option;in the manner provided under F�aragraph 2 hereof or by F3orrower �naking ��ayment, �vhen due,' directly to <br /> Z� the payee thereof: Borrower' shall promptly furnisl� to Lender all notices of ainounts due under tl�is paragraph, <br /> , I�° and in ,tl�e event Borrower sl�all make payment directly; Borro�bcr sh�ilt promptly iurnish to Lender receipts evi- <br /> L'7+ . dencing sucli }�ayments: Borro�ver sha21 promptly �iiscl�arge nny lien which l�as priority over this ��Iortgage ; pro- <br /> C�'J vided; ,that Borrower shall not besequired to discharge any such Iien so long as Borrower sl�all a,gree in �vriting to <br /> C the payment of the obligation' secured by such lien in u mn�nner ucceptuble to Lender, or sliall in good faith contest <br /> C such lien by,:or defend enforcement of -such lien in , legal proceedings which operate to prevent the entorcement of <br /> � the lien or forfeituse af the Yroperty 'or any 1>art tt�e�'eof. <br /> � S: Eiazard Inse�rance. Borrower s6a11 keep tLe improvements uow existing or hereafter erected on the Prop- <br /> � erty insured against loss by fire, Hazards included within the tercn "exticnded coverage", and such other hazards as <br /> Lender may require and in such amounts and for sucli periods as I:ender may requii•e ; pru��ided, that Lender shall <br /> ` not require that the nmount of such coverage exceed tl�at amount of coversge required to pay the sums secured 'by <br /> ` " this Mortgage. <br /> The insurance carrier providing tlie insuralice sliall be chosen by Borrower subject to spproval by , Lender ; <br /> provided, that such approval shall not be imreasonably withheld. Ali premiun�s on insurance policies shall be paid <br /> at Lender's option in the manner provided under paragraph 2 hereof or by $orro�s�er muking payment, when due, <br /> ' directly to the insurance carrier. <br /> ? In the event any pqlicy is not renewed on or before ten days of its expiration, the Lender, to protect <br /> g its interest, may procure insurance on the improvements, pay the premiums and such sum shall become <br /> ; immediately due and payable with interest at the rate set forth in said note until paid and sha31 be <br /> � secured by this Mortgage. Failure by Borrower to comply may, at option of Lender, constitute a default <br /> � under the terms of this Mortgage. <br /> � All insurance yolicies and renewals thereof sl�ull bc in form acceptsble to I.endei• nnd shall include u sta�ndard <br /> ! inortgage clause in favor of and in form acceptable to Lender. Lender sliall have tlie right to I�old the policies and ; ` <br /> ; Tenewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of jiaid pre- <br /> � miums. In the event of loss, Borrower shall give prornpt notice to tl�e insurance. carrier and Lender, and Lender <br /> may make proof o£ loss if not made promptly by Borrower. <br /> � Unless Lender and Borrower otherwise agree in �criting, insurance p.roceeds shall be upplied to restoration or <br /> ; repair of the Property damaged, provided such restw•ation or rel7air is economically Seasible :.{nd the securit3� of <br /> this viortgage is not thereby impaired_ If such restoration or repair is not economically feusible er if the security <br /> � � of this liortgage would be impaired, the inswance }>roceeds shall I�e applied to the sums secured by this Mortgage, <br /> with t6e excess, if any, paid to Borro«�er. If the Yroperty is aban�3vned by Borro«�er or if Borrower faiis to sespond <br /> ! to Lender within 30 days after notice by Lender to Borrower ihnt the insurance carrier offers to settle a claim for <br /> ` insurance benefits, Lender is authorized t.o collect and apply the insurt�nce proceeds :tt Lender's option either to <br /> � restoration or repair of the Property or to the suins seeured by tliis \Iortgage. <br /> � Unless Lender and Borro�ver other�vise agree in �vriting, any such application of proceeds to principal shall <br /> � not extend or postpone the due date of the monthly install�nents referred to in paragraphs 1 and 2 hereof or change <br /> ti the amount of such installments. <br /> : If under paragraph 18 hereof the Yroperty is acquired by Lender, aill riglit, title and interest of Borrower in <br /> � and to any insurance policies and in and to the proceeds tl�ereof (io t.l�e exient of the sums secured by this Mort- <br /> � gage immediately prior to such sale or acqui,ition ) resultiug fran r.lumage to tlm i'roperty prior ta the sale or <br /> � acquiaition shall pass to Lender. <br /> 6. Pzeservation and Mcdutenmice of Property; Leaseholds; Condominiums. Burrower shall keep the Prop- <br /> erty in good repair flnd shall not permit or commit �vaste, impairment; or deterioration of the Property and shsll <br /> comply with t}ie provisions of any lease, if this \Iortgage is ori s leasehold. If this \dortgs�ge is on a condominium <br /> ' ', unit, $orrower shaFl perform all of Borrower's obligations unclei• t,he declaration of coudominium or master deed , <br /> j Ghe by-laws and regulations of the condominium project and coiistituent documents. <br /> ; 7. Protection oi Lender's Security. If Borrower fails to perforrn the covenants :�nd agreements contained in <br /> ' � this Mortgage; or if ttny action or pToceeding is commenced which rnaterially ai'fects Lender'� interest in the Prop- <br /> ; erty, including, but not ]imited to, eminent doinuin , insoh•evcy, code enforcement, or airrtsngements or proceed- <br /> �? inga involving a bankrupt or decedent, tl�en Lender at Lende�'s option , upon notice to Borrower, may make such <br /> ` sppeuranees, disburse such sums and take such action as is necessary to protect Lender's interest, ineluding, but <br /> � not limited to, disbuisement of reasonable attorney's fees and entry upon thc� Property to make repairs. Any <br /> amounts disbursed by Lender �m•suant to tliis paragi•apL 7 , witli interest thereori, shsll Lecome additional indebt- <br /> edness of Borrower secured by tl�is \4ortgage. Unless Borrower and I.ender agree to other Cemis of payment, such <br /> � amounts shall t�e payuble upon notice from Lender to Borrower requesting payment thereof, and shall bear iater- <br /> est trom the date o£ disbursement at tl=_e rate stated in the Note unless paycssent of interest at such rate �vould be <br /> contrary to applicable law, in whiclt event such �mounts shall bear interest at the highest rate permissible by <br /> � . apglicabie law. Nothing containe<I in tliis ��aragraph i slinll reryuirc Lender to incur nny expense or do any act <br /> heceunder. <br /> ; 8. Inspection. Lender may make or cause to he ina�{c re�eontible entries u}>on and inspections of the Prop- <br /> ert3r, provided t2iat Lender cliall give Borroi�•er notice ��i•ior to ;i�jc ;ucl � inspectiou apecifyin� reasonable csuse <br /> theref'orxelated to Lender's interest in the Propert��, <br /> # 9. Condemaation. T�ie proceeds of any ��vard or claim tor damnges, direct or consequential, in connection <br /> with ang condemnaLion or other f,aking of the Yroperty, or part tliereof, or for conveyssnce in lieu of condemna- <br /> tion, are here�y assigned and shall be paid to Lender. <br /> � . In the event ot a total taking of the Property; the proceeds sl�all 1�e app(ied to the sums secured by Chis Mort- _, j <br /> i gage; �vith the excess;'if any, paid to Borro�ver. In the event of a partial taking of the Yroperty, unless Borrower " " + �- <br /> and Lender otherwise agree in writing, there si�all be applied to the sums secured b�• thie 3lorLgage such propor- ' " <br /> tion of the proceeds as is equal tothat groportion which tlie amount of tlie sums secured by this Mortgage imme- �' µ` ��' <br /> ,� di&�elyprior to the date of iaking bears tn tlae Tair inarket value of tlie Propert,y i�ninediately prior to the date of �' +e5�� <br /> tskin�, with the Galance of,the proceeds paid to Borrower. „=mr'`"' <br /> �� . <br /> ? If the Property is abancioned by Borrower or if after noiice by I,ender t,o Borrotiver tliat the condemnor offers " P� "`° <br /> to make an award ar settle a clsim for dan�ages; I3orrower faii� ko re�}�ond to i ende� within 3Q days 'of the etste ' <br />� of such"notiae, IJender is authorized Yo collect, ana apply CLe ��incee�l. ait. Lender'. o�ii.ion eit.h �r to re�taration or <br /> �_ ,; <br /> xepair of the Property or to the sums secured by tk�is \Soi•tgage. <br /> Unless Lender and Borrower othenvise agree in �vriting, any such application of proceeds to principal sl�all <br />� � �...� �' _ _ '�� � <br />� � <br />� <br /> � <br />