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n � • k:. <br />;p�.ti;v . . . <br /> .� <br /> ��L. . . . . . . . . . . . . . . � � ;r -� . <br />� ' ��: If under p3ragraph 18 hereof thc Yroperty is sold or the F'roperty is otherwise acquired 6�- Leuder, Lender <br /> shall apply, no later than iininedixtely prim• to the �ylc of the Yro�iert�� or its acquiaition b,y Lender, nn,y Fuiids <br /> �ield by Ler.;3er at the time of applica,iion ns a credit agaiust. tl�e vum;: secured h�• tl�is \Zortgage. <br /> 3. Applicaiion ot Payments. Unless applicablc la�r �'irovides other�i�ise, all payments received k�y Lender <br /> underthe 1�'ote and �zaragrapLs 1 snd 2 I�ereof shall t �c applied by Lender first in pay�neni of simounts payable to <br /> Lender by Borrower under paragrapli 2 hereof; then t,o interesi, payable mi t1�c i�Tote aml on Future Adva.nces; if <br /> � any, and then to the principal of the \Tote and to tlie �arinci�>al of ruture �dvances; if any. <br /> 9. Charges; Liens. Borrower st�ali pay all taxes, flssessments and other charges, fines and impositions attrib- <br /> utable to the Property which mny attain a E>riority over this lZort.gage, ancl ground rents, if any, at Lender's <br /> � option in the manner ;provided under ��aragrapli 2 1�ereof or !�y Borro�5�er inalzing payment, whei� due„ directly to <br /> 1 ; ' the payee thereof. SoTrower shall promptly furi�isli to T,ender all i�otices of aznounts due under tl�is paragraph , <br /> � and in the event Borrower sl�all make payment �iirectly; Borrower shall pronlptly furnish to Lender receipts evi- <br /> � dencing gucli payme�ts. $orrower shall promptly discharge any lien which lias priority over this \�Iortgage ; pro- <br /> ' � vided, thaG Borrower shall not be required to di5ctiarge any such lien so long as Borrower shall a,gree in writing to <br /> , u.., the payment of tlie obligation secured by sucli lieii ici :i manner acceptable to Lender, or sl�all in good faith contest <br /> . � ; � such lien by, or defend enforcenlent of sucli lien in; legaf proceedings �vliich operate to prevent the en£orcement of <br /> " ; the lien or forfeiture of the Property or any part thereof. <br /> j ' � 5: Hazard Insur�ce. Borrower shall keep tl�e iu���rovenYents now• existing or hereafter erected on the' Prop= <br /> j � erty insured against loss by fire, hazards included within the term "extended coverage", and such otl�er hazards as <br /> Lender magrequire and in such amounts and for such periods as Lender inay require ; prorided, that Lender shall <br /> not require t}iat the amount of such coverage exceed tl�at atnoimt of coverage required to pay the sums secured 'by ;,� <br /> � this �Iortgage. <br /> x The insurance carrier ��roviding tlie insurauce shall be chosen by Borrower suhject to approval by Lender ; <br /> ? - provided, that such approvui shatt not be unreasonably with.ieid . AII premiums on insurance policies shall be paid <br /> at Lender's option in the manner provided under p:�ragrapl� 2 hereof or by Borrower malcing payment, when due, <br /> ` directly 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 r ' <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 may, at option of Lender, constitute a default } ' <br /> � under the terms of this Mortgage. � <br /> � '� � � � � � Ail insurance policies and rene�vals thereof sl�aill i�e in form acceptable to I.ender zind shall include a st.andard <br /> jmortgnge clause in favor of and in form acceptable to Lender. Lender ,h� ll have the right to l�old the policies and <br /> i renewals thereof, and Borrower shsll promptly furnish to Lender all renewal notices and all receipts of paid pre- <br /> miums. In tl�e event of ]oss, Borrower shall give prompt notice to tl�e insurance c�rrier and Lender, and Lender <br /> may inake �roof of loss if not made promptly by Borrower. <br /> , r Unless Lender and Borrower othenc•ise agree in writing, insurance proceeds shall be upplied to restoration or <br /> 3 repair ot the Property damaged, provided such restoration or repair is economically feasible and the security of <br /> '; this Mortgage is not thereby impaired. If sucl� restoration or repair is not economically feasible or if the security <br /> of this D4ortguge would be impaired, tlie insurance ��roceeds sliall be applied to the sutns secured by this Mortgage, <br /> ; wit,h the excess, if any, paid t.o Borrower_ If the Yro��erty is abandoned by Borrower or if I3orrower fails to respond <br /> ` to Lender within 30 days after notice by Lender to $orrower that tl�c insurance carrier ofters to settle n claim for ; <br /> . $� insurance benefits, I�ender is authorized to collect and apply tl�e insurance proceeds at Lender's option either to <br /> restoration or repair of the Property or to t}ie sums secured by this Alortgage. � <br /> � Unless Lender and Borrower otherwise agree in Svriting, any sueh ilj)�J]ICRE1021 of proceeds to principal shall <br /> not extend or postpone the due date of the monthly instal6nents i•eferred to in paragrssphs 1 and 2 liereof or change <br /> x the amount of such installments. <br /> � ' Ef under paragraph 18 hereof the Yroperty is acquired by Lender, all right, titie and interest of Borrower in <br /> and to any insurance policies and in and to the proceeds tl�ereof (to the extent of tl�e sums se cured by this 1�1ort- <br /> � gage immediately prior to such sale or acquisition ) resulting from dawage to the Property prior to the sale or <br /> ; acqui$ition shall pass to Lender. <br /> � ' 6. Preservatioa �d Mmnteaance of Property; Leaseholds; Condominiums. Borrower shall keep the Prop- <br /> ? erty in good repair and shall not permit or commit waste, impairment, or deterioration of thc Property and shall <br /> � comply �vith the provisions of any lease, if this llorigage is on a leasehold. If this A4ortgage is on a condominium <br /> � unit, Borrower shuil perforni all of Borrower's obligations under the declaration of condominium or master deed , <br /> i the by-Iaws and regulations of tlie condominium project and constituent documents. <br /> . � 7. Pzoteetion of Lender's Security. If Borrower fails to perform the covenants and agreements contained in <br /> this A�Iortgage, or if any sction or proceeding is commenced �vhich inat.erially af�'ects Lender's interest in the Pro�- <br /> � erty, including, bu£ not limited to, en�inent doinain , insol ��ency, code enforcement, or arrangements or proceed- <br /> 1 ings involving a bankrupt or decedent, then Lender at Lender's option , U�0I3 IlOtICC t0 Borrower, rnay make such <br /> appearances, disburse such sums and take such action .as is nccessaiy to protect Lender's interest, including, but <br /> ' not limited to, disbursement of reasonable attorney 's lees and entry upon t,hE Property to make repairs. Any <br /> " amounts disUursed by Lender pursuant to this paragraph 7, �vith interest thereon , shall become additional indebt- <br /> ; edness of $orrower secured by f,his �-lortgage. Unless Borrower snd Lender agree to other terms of payment, such <br /> ' � amountsshall be payable uj�on notice from Lender to Borrower requesting payment thereof, and shall bear inter- <br /> est from the date of dist�ursement at the rate stated in the Note unless payment of interest at such rate would be <br /> contrary to applicable law, in which event such amnunts shall bear interest at the highest rate permissible by <br /> applicable law. Notliing contained in this parag:•apl� ? shall i•equire Lender to iiicur any expense or do any act <br /> ` hereunder. <br /> j 8. Inspection. Lender may make or cau�e to be mndc reasonablc entries upon and inspections ot' the Prop- <br /> erty, provided that I,ender shall give Borrower notice ��ria• to :� np ;uch inspection specifying reasonable cause <br /> therefor related to Lender'sinterestin the Property. <br /> � 9. Gondamnation. ' The proceeds of any a�vard or c!aim fo: c?art:a�es, :ii:ect or cons�quential , in connectim� <br /> � with any condemnation or other taking of the Propert.y, 01� i�art thereaS, or f�r con�•eyance in lieu of condemna- <br /> ? tion, are hereby ass:gned and shall be paid to Lendei�. � <br /> � In tl,e event of a total taking of t.he Property, the p.roceeds eliall be ai�plied to the sums secured by this 1Vlort- ' <br /> j gage, �vith the excess; if any, pa�d to Borrower. In the event of a partial taking of the Property, unless Borroa�er ^"I* � `�"�. <br /> ' ', and Lender �thenvise agrec in writir.g, ttiere shal! be applied to t4e suins secured by this blortgage such propor- " ;^� �+�a� <br /> tion o€ the proceeds as is equal to that proportion which the �niount of the sums secured by this �f�rtgage imme- �� '� ��� � : <br /> � diately prior to tlic date of taking bears to tlie fair market value of the Property iminediately prior to the date of ���. <br /> taking, with the balance of the proceeds paid to Borrower. „y�� <br /> �> ` If tfie Progerty is sbrsndoned by Borrower or if after notice I�y Lender to Sorro�ver that the condemnor offers ; „ <br /> � to make an award or settle a claim for 'caaniages, liorrower fails to respond to Lender within 30 duys of the date `'�`° ' <br /> ; of sueh natiee, Lender is. authorizeci to c62iect au�i api,ly tLe ��i•ucreun at Lender'n option eiclier to restoration or � " .� ' - r <br /> repair of the Progerty or to the sums sccurcr! by thi� \iortgage. ,«;;"" <br /> ; Unless Lender and Borrower other�vise agree in ,�vriting, any such application of proceeds to principal shall <br /> , . <br /> � , '�, ;� <br /> � �. � <br />� � <br />