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a� . � . . . . . � � � '" . . . �. <br /> v, <br /> w-•.� � .. . . . . � ' �%F�� � <br /> � � . . . . . . . . � . . . . . ' � � � <br /> , � <br /> � � ' ^ j <br /> .. . .. . . . . . . . . .. . . . . . . . � . � . . . � y�.,�y,o � <br /> �1.. . . .. . . � . . . . - . . � . . l � .� <br /> � ' <br /> + - If under paragrapl� 18 hereof the Pro��erty is sold or tl�e Property is otherwise :tcquired by Lender, Lender <br /> shall apply, no later than immediately prior to the sulc of the Yro�>erty or its ncquisition by I.ender, any Funds <br /> � held by Lender r�t the time of aj>plication as x credit against # he suu�s secured V�}� this �iortgage, <br /> � 3. Application of Payments. Z?nless apj3licuble`Ja��� pro�ricles ot.herwisc, all �ayments received b,y Lender <br /> under the Note and paragrapl�s l anci 2 3iereof sl�all be ap��lieci by I.ender first in payuient of amounts payable to <br /> a•� Lender by Borrower nnder paragragl� 2 hereof, thexi to interest ��ayable on tixe Note anci on Future Adva,nces, if <br /> �` any, and then to the tirincipat of the \'ote and to tlie princi��al of Future advances; if 3ny. <br /> �' 4. Chargesr Liens. Borrower shall pdy all taxes, assessments and other cliarges, fines anci impositions attrib- <br /> C �=' utable to the Property which may attain a� priority over this t-lortgage, and ground rentis, if any, at Lender's <br /> ! j � , option in the manner provided under paragraph 2 iiereof or by $orrower making 'I»yment, when due; directly, to ': <br /> � 1\ the payee thereof. Barrotiver shall �romptly furnish to Lender all notices of amounts due under tl�is 'parsgraph, ^ ` <br /> , (\ and in ,the event Borrower shall inake I.�ayment ciirect]y, Borrower sl�all promptly furnish to Lender receipts evi- <br /> ; dencing sucl� payments. Borrower shall promtytly discliarge any lien which has priority over this \Lortgage; �ro- <br /> � vided, that Borrower shall not be required to discharge any such lien so long as Borrotver sliall agree in writin� to � ,'. �; <br /> ' the payment .of the obli�ation secured by sucN lien in ,� manner acceptnt�le to Lender, or shall in �ood faith contest ; 7 , ' <br /> � such lien by, or defend enforcement of such lien in; legnl procecdings �vhich operate to prevent tlie entorcement of ; ;: <br /> " ' Ghe lien or forfeiture 'of`the Property or any ��art thereof. <br /> ' S. Hazard Insur�ce. Borrower shall keep tlie improveinents noH� existing or hereaftei• erected on the Fron- <br /> i erty, insured ngainst Ioss Uy fire, liazards included within the term "extended coverage", a�nd such other hazards as <br /> Lender may require and in such ainounts' and for suclr peripds ��s Lender inuS� require; provi�led , that 'Lender shall + • <br /> � not require that the amount of such coverage exceed tLat amowit of coverage required to T�ay the sums secured 'by - ' <br /> ,. y this NTartgage. <br /> i The insurance carrier providing the insurance sl�all be chosen by Borrower subject to approval by Lender; <br /> ' provided, that such approval shall not be unreasonably with6eld . All premiums on insurance policies shall be paid <br /> st Lender's option in the manner provided under paragraph 2 hereof or by Borro�ver making payment, when due, ' <br /> direetly to the insurance carrier. <br /> In the event any policy is not renewed on or before ten days of its expiration, the Lender, to protect <br /> ' 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 shall be <br /> secured by this Mortgage. Failure by Borrower to comply rnay, at option of Lender, constitute a default <br /> under the terms of this MoTtgage. <br /> Ali insurance policies and renewals tl�ereof shall be in form iicceptable t•o Lender and shall include s standard <br /> inorGgage clause in favor of and in form acceptable to Lender. I,ender shall have the rigY�t to Ixold the policies and � <br /> �, renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and ali receipts ot paid pre- <br /> miums. In the event of loss, Borrower shall gic•e prompt notice to the insurance carrier and Lender, und Lender <br /> may inake proof of loss if not made promptly by $orrower. <br /> Unless Lerider and Borrower otherrvise agree in writing, insurance proceeds shall be applied to restorstion or <br /> repair of the Property damaged , provided such resta•ation or repair is economically feasible and the security of , ', <br /> this tViortgage is not t.hereby impaired. If such restoration or repair is not econotnically feasible or if ' the security �` <br /> of this i�4ortgage would Ue impaired, the insurance ��roceeds shall !ie applied io thc sums secured by this Mortgage, <br /> with the excess, if any, paid to Borrower. IF the i'roperty is abandoned by Borrower or if Borro�ver fails to xespond <br /> to Lender within 30 days sfter notice by Lender to Borrower tli�t the insurance carrier offers t.o settle a claim for <br /> insurance benefits, Lender is authorized to collect and apply the insurnnce proceeds at Lender's option either to <br /> restoration or repair of the Property or to the surns secured Uy this \Iortgage. <br /> � Unless Lender and Borrower othenvise agree in writing, any such appIication of proceeds to principai shall <br /> � > not extend or postpone the due date of the monthl,y installments referred to in paragraphs 1 and 2 hereof or change <br /> i the amount of such installments. '. <br /> ' If under paragraph 18 hereof the Yroperty is acquired by Lender, all i•iglit, title ai�d interest of Borrower in <br /> ` and to any ii�surance policies and in anc9 to tl�e proceeds thereof (to tl�c extent of the sums secured by this Mort- <br /> gage immediately prior to such sale or acquisition ) resxilting from <lauiage to tl�e Property prior to the sale or <br /> � acquisition shall pass to Lender. ' ; <br /> 6. Preservation mzd Mmntenccnce of Property; Leaseholds; Coadominiums. Borrower shall keep the Prop- <br /> erty in good repair and shall not permit or commit waste, impairnient, or deteriorntion of the Property and shall <br /> comply with the provisions of nny lease, if this �'Ior 'tguge is on a leasehold. If this i�lortgage is on a condominium <br /> unit, Borrower shall perform all of Borrower's oUligations under the declaration of condominium or master deed , <br /> the by-laws and regulations of the condominium projeet and constituent docmnents. <br /> 7. Protection of Lender's Security. If Borrower tail, to perfoim the covenants and u�reements eonLained in <br /> this Mortigage, or if any action or proceeding is commenced whicl� materially affeuts Lender's intei•est in the Prop- <br /> erty, including, t�ut not. ]imited to, eininent domain ; in�olvency, codc enforceinent, or �rrangements or proceed- <br /> ings involving a bankrupt or decedent, then Lender �t Lender's option , ui�on notice to E3orrower, may make such <br /> appearances, disburse sucli sums and take sucli action as is nece�snry fo protect. Lenc(er's interest, including, but <br /> not limited to, disbursement of reasonab]e attorney 's fees and eutry upon the Property to make repairs. Any <br /> amounts disbursed by Lender pursuant to this paragraph 7 , �vitli interest thereon, slzall beeoine additional indebt- <br /> edness of Borrower secured by this liortgage. Unless Sorrower and Lender agree to otl�er terms of payment, such <br /> amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear inter- <br /> est from the date of disbursement at the rnte stated in the '_�'ote unless payiuent of interest at such rate would be <br /> contrary to applicable law, ;n which event such amounts shall bear interest at the highest rate permissible by <br /> applicable law: Nothing contuined in this paragraph 7 shnll require I,ender to incur uny expense or do any act <br /> hereunder. <br /> + 8. Inspection. Lender zna,}• �nake or cause to t>e madc reaconahle cntries upon an�l insFiections of the PTop- <br /> erty, pro��ided tLaL Len�Sei• �l�eil give i,urrower iiurice � �e•ior to st3��� sur•i � ii:spectit�a �i�ecifying reasonAble cause <br /> therefor related to Lender's interest in the Property. <br /> : ' 9.` Condemaation. The proceeds of any award or claim for damages, direct or consequential, in connection <br /> xvith any condemnation or othei• taking of tl�e Yroper�y , ur pai�t thereof, or ibr con�°eyance in lieu of condemna- � <br /> tion, aTe hereUy assignecl and sha13 be paid to Lender. <br /> In the event of a total taking of the Property , the pi•oceeds sliall be appl4ed to the Fums secured by this Mort- ��,� � � <br /> : gage, tivith the exeess, if, any , paid to Borrower. In t,lno event of a partial t.aking of the Property, unless Borrower �� � � ,�,' ` ' <br /> and Lendex• otlterwise agtee in wriGing, tl�ere slisll be applied to tlie sums secured by this �Zortgage such propor- ' �' � t <br /> tion of tihe proceeds as is equsl to, that proportion which tl�e nmount of the sums secured Uy this Mortgage imme- i �+� y ' <br /> , ' � diately prior to the date of taking bears to tl�e fair �nsrket value of ttie Property iinmediately prior to the date of `���' <br /> ' � tsking, with the balance of theproceeds paid to Borco�vei: ' �� ,,, <br />� ' 2 If tne ProHercy is tsbancioned by Borrower or if aTter not�ce t�y Lencyer to Borrower that the condemnoz offers '" s"" ' r <br /> � Lu sLnke.mi� a,w»i�3 uc• aei,tle a. clain3 for damages, Borrower fazls to re$pond to Lender within 30 da s of the date <br /> of such notice, Lender is suthorized to collect anci a �l the y w " �' � � <br /> p� y proeeeds at I.ender's option citl�er to restorat.ion or � <br /> � repair o£ the Property or to t3ae sums seeured b,y this �Iortgage. <br /> i�nleF� �,rncler rtnd Rorron�er et�en��se 2dree in n�riting, an}- sucti applicatioii of prou�eae l.0 �ainui}�al aLall <br />� � �.,�` �.��`' <br /> � � <br />