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r �V <br /> �., . � <br />.�a"' - . . . � . � � Y�'. . � . . . � <br />^, ' � . . . � . .. . . . , . .. . . . � . . .. . � . . . . . . . . . ( � <br /> If under paragraph 18 hcreof the Property is e�ld or khc Property is other�aise acquired b,y Lei�dei•, Lender <br /> shall apply, no later than irnmediatel,y p�rior to thc salc of the Yroperty or its acqnisition by Leuder, ;tny P'unds ' <br /> E held by Lender at the time of n�plication ats a credit � g�iinst thc smns secured by tl�is 1lortgaF;e. <br /> 3. Application of Payments. Unless ap��lic�blc l���i� provides otherwise, t111 paymeats received by Lender _ <br /> under t}ie Note and �>aragraplis 1 snd 2 liereot shall hc iipplicd by I.endcr first in payment of ainounts payable to <br /> Lender by 13orrower under paragrapG 2 liereof, tlicn to intcrest ��ayalde o❑ tlic Note and on Future Aclvances, if <br /> any, and then to the �irincipaf of tlie �'ote and to tl�e principal of Future Advances, if any. <br /> 4. Charges; Liens. Borrocver sl�all pay� all taxes, assessments iind other charges, fines and impositions attrib- <br /> utable to the Property which may attain a priority over this D'Iortgage, and ground rents , if any , at Lender's <br /> option in tl�e manner pro��idecl under �iaragrai>h 2 liereof or by Borro�ver making payment, �vhen due , directly to <br /> the payee tl�ereof. Borrower shall promptly furnisli ' to Lencier ull notices of amount,s due mider tl�is paragraph; <br /> and in the event Borrower shall makc i�a,ymenC directly, 13orrop�er shall promptly iurnish to Lender receipts evi- <br /> denoing such payments. Borrower sha11 promptly discl�arge any lien �vhic}i l�as priority over this �4ortgage ; pro- <br /> ' vidad, that Borrowershall not be required to dischar�e any sucl� lien so ]ong a,s 13orro�ver sliall agree in �vriting to <br /> tiie paymentof the obligation secured by such lien in .i manner acceptuUle to Lender, or sl�all in good faith oontest <br /> r� Y such ]ienby, or defend enforcement of such lien in , legal proceedings wliich operate to prevent the enforcement of <br /> the lien or forfeiture of the Property or any part thereof. <br /> S. Hazard Insurance. Borrotcer sliall keep tlir improvements now existing or herenfter erected on the Prop- <br /> crty insured against loss by fire, hazards included within the term "extended coverage", and such other ha�ards as <br /> Lender may require and in such amounts a�id for sucl� periods a, Lender may require ; provided , that Lender shall <br /> not require that tl�e amount of such coverage exceed tliat amount of coverage required to pay the sums secured 'by <br /> this Mortgage. <br /> The insurance carriei• providing tlie in;uratice sha11 k�e cl�oseii by Borro�+�ez• subject to approval by Lender ; <br /> provided, that such approval shall uot be unreasonably witlilield. �Il premiums on insurance policies shall be paid <br /> at Lender's option in the manner provided under paragrapl� 2 hereof or by Borro�vei• :naking payment, when due, <br /> directly to the insurance carrier. <br /> jIn the event any policy is not renewed on or before ten days of its expiration, the Lender, to protect <br /> i 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 may, at option of Lender, constitute a default <br /> under the terms of this Mortgage. <br /> ` All insurance policies and renewals thereof shall be in im•rn acceptable to Lender �nd shall include a standard <br /> ' mortgage cluuse in favor of and in forixi acceptai�le to Lender. Lender shal] liave the riglit to liold the policies and <br /> renewals thereof, and Borrower shall proinptly furnish to Lender all rene���al notices and ull receipts of paid pre- <br /> ; miums. In the event of 3oss, Borrower shall give proin��t notice to the insurance cnrrier and IJender, and Lende.- <br /> may make �roof of loss if not made promptly by ]3orrower. <br /> Unless Lender and Borrower otherwise agme in writiug, insurance proceeds shall be apE�lied to restoration or <br /> repair of the Property damaged , provided such restoration or repair is economically fensible and the security of <br /> ' � this DZortgage is not tiiereby iinpaired. If such restoration or repair is not econoinicully feasible or if the security <br /> of this �lortgage would be impaired, tlie insurance pi•oceeds sliall I >e applied to the swns secured b}� this Mortgage, <br /> with the excess, if any, paid to Borrocver. If tl�e Yroperty is ahandoned by I3orrower or if 33orrower fails to respond <br /> � ' to Lender within 30 days after notice by Lender to Borrower that tlie insurance carrier offers to settle a claim for <br /> `. insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to <br /> � `; restoration or repair of the Property or to the sucns secured by this .�3ortgage. <br /> Unless Lender and liorrower otherwise agree in writing, any such application of proceeds to principal shall <br /> not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or chenge <br /> * � the amount of such installments. <br /> � If under paragraph 18 hereof the Yroperty is acquired by Lender, all rigl�t, title and interest of Borrower in <br /> and to any insurance policies und in and to tdie proceeds tl�ereof (to the exteiii of tlie surns secured by this Mort- <br /> � gage immediately prior to such sale or acquisition ) resuliing from dainage to the Yroperty prior to the sale or <br /> ; � acquisition ehall pass to Lender. <br /> � � 6. Preservation �d Mmnten�ce of Property; Leaseholds; Condominiums. Borro�i�er shali keep the Prop- <br /> � erty in good repair and sl�all not permit or commit waste, impairment, or deterioration of the Yroperty and shall <br /> comply with the provisions of any lease, if this �iortgage is on a leasehold. If this �Zortgage is on a condominium <br /> �'� unit, Borrower shall perform all of Borro�ver's obligations under t.he declaration of condominium or master deed , <br /> � � the by-laws and regulatia�s of the condorninium project and constituent documents. <br /> � 7. Protectioa of Lender's Security. If Borrower fails to perform the covenanis and agreements eontained in <br /> this 1Qortgage, or if any action oi• proceeding is commenced which matcrially affr.cts Lender's interest in the Prop- <br /> erty, including, but not limited to, eminent do!nain, insol��ency , code enforcement, or urraugements or proceed- <br /> ings involving a bankrupt or decedent, then Lender at I.ender's option , upon notice to 13orrower, may make such <br /> appearances, disburse such sums and take sucl� action as is necessary- to protect. Lender's interest, including, but <br /> r not lunited to, disbursement of reasonable attorney 's fees and entry upon t.he I'roperty to �nake repairs. Any <br /> amounts disbursed by Lender pursuant to this paragraph 7, witli interest thereon, shall become additional indebtc <br /> edne�s of Borrower secured by this 12ortgage. Unless Borrower and Lender agree to other terms of payment, such <br /> amounts shall be payable upon notice from Lender to Borrower requesting I>ayment t.hereot, and shall bear inter- <br /> est irom the date of disbursement at the rate stated in the Note unless payment of interest �L such rate wouid be <br /> - contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible by <br /> apgliaable law . Nothing contained in tliis paragraph 7 shnll require I..ender to incur any expense or do any act <br /> hereunder. <br /> 8. Inspection. I.ender may- makc or cause to be madc reacanablc entries npon ;�nd inspections of the Prop- � <br /> erty, provided that Lender shall give Borruwer notice ��rior to :tnp• .ueli inspection �pecifying reasonnbl: cause <br /> therafor relaated te Lender's ;nterest in tl:e Prepert�•. <br /> 9. Condemnatioa. The groceeds ' of any award or claim for damages, direct or consequentisl , in connection <br /> with any condenmation or other taking of the Property , a• part tl�ereof , or for conveyance in lieu of condemna- <br /> tion, are hereby assignecl and shall be paid to I.ender. <br /> In the event of a tota] iaking of the Property , the proceeds shall be applied to the sums secured by this Mort- � , <br /> gage, �vith the excess, if sny , paid to Borrower. In the event of a �aartial taking of the Propertp, unless Borrower � �. <br /> , and Lender otherwise xgree in writing, there shall �e applied to t.lie ;wn� secured }�y this \Iortgage such propor- � } ,� ,; ,: " <br /> � tion of Lhe proceeds sss is equal to that proportion which tlie amount of the sums secured by this ?�Zortgage imme- _ <br /> diately prior to tlie date of taking bears to the fair market value of tLe Propert�� itninedisstely prior to the date of 4 ` ' <br /> taking, with the balance of the proceeds paid to Borroveer. , , �x; " <br /> Ifthe Property is-abandoned by Borrower or if 3iter notice by Lender to Borrower that the condemnor offers '" <br />� to ma;:e ar. ar.-ard or sett;e a c:aim ;or dainages, Eor.-o�e er :ai:s tn re�pand tc Lende: tic:tl:ir. 3Q da�s ef the date . <br /> of such noticc, Lcr.der is author,zed to cailect and a7�j�1�• the proceeds 2t I�er_der'�• option eiti�er to re�ior�tien or <br /> repair of the Property or to the sums secured by this �Sortgage. " ' <br /> Unless Lender and Borrower othenvise agree in writing, any such application of proceeds to principal shall <br /> + : <br /> v � �::y.yy- �VaMN� � <br />�. <br />` ..... . . . . ' . . . . . . . . . . . . . . .. � . . �� . <br /> ti <br /> � , <br />