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. � � � <br /> � • <br /> � If under paragraph IS hereof the Property is sold or the I'roperty is othenvise acquired by i.ender, Lender <br /> shnll apply, no later tlian immediately prior to ihc s�lc of tlie Yro�icrty or its sscquiaition by Lender, nny Funds <br /> held by Lender nt the time of upplication as a credit agnin�c thc suins secured by this Viortgaga <br /> 3. Applieation oI Paymeata Unless npplical>Ic ]a�r Provides othenvise , ull payments received by Lender <br /> j under the Note and paragrapl�s 1 nnd 2 hereof shall bc applicd by Lender first in payment of umounts payable to ' <br /> ' Lender by' Borrower under paragrnph 2 hereof, then to interest puyable on thc Notc and on Future Advuncea, if F <br /> ;,`: any, and then to the principal of the Note And to the principal of Future Advunces, if any. `' <br /> 4.' Charqes: Liens. Borrower sliall j�sy all taxes, assessments nnd other churges, fines nnd impositions attrib- A , <br /> � ut,able to the ProperEy which may nttain a priority over this Mortgage, and ground rents, if any, at Lender's <br /> � option in the manner provided under pnragraph 2 hereof or by Borro�ver inaking payment, when due, directly to <br /> ` _� the payee thereof. Borrower ahall promptly furnish to Lender ull notices of smoimts due under this paragraph, <br /> � and in the event Borrower ahall makc payment directly, Borrotver shull promptly furnish to Lender receipts evi- <br /> i � deneing suoh payments. Bocrawer sfisll promptly discharge nny lien �vhich has priority over this \4ortgage ; pro- � <br /> " � vided, that Borrower shall not be required to discharge any sucl� lien so long us Borrower st�aIl agree in writing to �` <br /> � � the payment of the obligation secured Uy such lien in u manner acceptable to Lender, or shotl in good faith contest <br /> , :� such lien by, or defend enforcement of such lien in, legal proceedings wl�ich operate to prevent the ent'orcement of <br /> ' the lien or forfeiture of the Property or any part thereof. <br /> ]� 5. Hazard Imuraaee. Borrower shull keep tLe improvements no«� existing or hereufter erected on the Prop- <br /> i � erty insured sgainst loss by fire, hazards included within the tern� "extended coverage", and such other hazards se <br /> Lendermay require and in such amounts anci for sucli periods as Lender ma,y require ; provided, that Lender shall <br /> i not require that the umount of such covernge exceed that amount of covernge required to pny the sums aecured 'by <br /> � this Mortgage. <br /> The insurance cnrrier providing ilie insurauce shall be chosen by Borrower suhject to approval by Lender; <br /> provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid <br /> ; at Lender's option in the manner provided under paragrapl� 2 hereof or by Borro«�er 7naking payment, when due, <br /> � directly to the insurance carrier. = <br /> In the event an hc �s not renewed on or before ten da s of its ex iration the Lender to j ' <br /> � Y Po � Y � Y P > > Protect <br /> '; ; its interest, msy procure insurance on the improvements, pay the premiums and such sum shalI 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 F; <br /> under the terms of this Mortgage. <br /> ; ; All insurunce policies And renewals tliereof �l�alt be in fonu acceptable to I.ender and shzll include a standard <br /> � inortgage clause in favor of and in form acceptable to Lender. I.ender shsll have the rigUt to l�old the policies und � ;; <br /> � renewsls thereof, and Borrower shall promptly furnisl� to Lender all renewal notices and all receipts of paid pre- � '` <br /> miums. In the event of loss, Borrower shall give prom�t notice to tl�e insurance r.irrier and Lender, and Lender <br /> ' may make proof of loss if not made promptly by Borrower. <br /> , { Unless Lender and Borrower otl�erwise agree in �vriting, insurance proceeds shull be applied to restoration or � , ` ` <br /> � repair of the Property damaged , provided such restoration or repair is econo�nicalty feasible and the security of <br /> i this 14ortgage is not tl�ereby impnired. I[ such restoration or repair is not economically feasible or if the security , <br /> � of this Vlortgage �vould be impaired, the insurunce proceeds shall be applied to the sums secured by this Mortgage, . <br /> with the excess, if any, paid to Borrower. If tLe Yroperty is abandoned by Borrower or if Borrower fails to respond � <br /> � to Lender within 30 days after notice by Lender to Borrower tl�at the insurance cxtrrier offers to settle a claim for <br /> inaurance benefits, Lender is authorized to collect and ttpply tlie insurance proceeds at Lender's option either to , <br /> restoration or repair of the Property or to the sums secured Uy this �Iortgage. � ' <br /> Unless Lender and Borrower otherwise ugree in �vriting, any such application of proceeds to principal shall � '; <br /> not extend or postpone the due date of the �nonthly instailinents referred to in paragraphs 1 and 2 hereof or change <br /> the amount of such installments. <br /> If under paragraph 18 hereof the Property is acquired by Lender, nll right, title and interest of Bonower in " `% <br /> { and to any insurance policies and in and to the proceeds thereof (to tLe extent of the sums secured by this Mort- ,'i <br /> � gage immediately prior to such sale or acquisition ) resulting from du�nnge to t.he Property prior to the sale or <br /> acquisition shall pass to Lender. <br /> 6. Preservatioa �d Mmaten�ce of Pzoperty; Leaseholds: Coadominiums. Borrower shall keep the Prop- <br /> erty in good repair and shall not permit or commit waste, impairment, or deterioration of the Property and shal! <br /> comply with t.he provisions of nny 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 declnr�tion of condominium or master deed, <br /> the by-laws and regulations of the condominium project and constituent documents. <br /> 7. Proteetion of Lendez's Secu=ity. If Borrower fssils to perform the covennnts and agreements contained in <br /> this _Vlortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Prop- <br /> erty, including, but not ]imited to, eminent domain, insoh�ency, code enforcement, or arrangements or proceed- <br /> in� invoiving a bankrupt or decedent, then Lender at I,ender's option , upon notice to Borrower, may inske such <br /> appesrances, disburse such sums And take such ssction ns is necessary to protect Lender's interest, including, but <br /> not limited to, disbursement of reasonable uttorney's fees and entry upon the Property to make repairs. Any <br /> ' ;j amounte disbursed by Lender pursuant to this parngraph 7, �vith interest thereon , shall become ndditional indebt- <br /> � ednesa of Borrower secured by this �fortgage. Unless Borrower und Lender a�ree to other tercns of payment, such <br /> amounts shnll be payable upon notice from Lender to Borrower requesting payment thereot, and shall bear inter- <br /> � est from the date of disbursement at the rate stated in the \Tote unless payment of interest at such rate would be <br /> contrary to applicable law, in which event such amounts shall bear interest at tlie highest rate permissible by <br /> ; � applicable law. Notliing contained in this paragrapli 7 shnll requirc Lender to incur any expense or do any act <br /> hereunder. <br /> � 8. Inspectioa. Lender may make or cause to lic made reseonablc entries upon and inspections of the Prop- <br /> erty, provided that Lender shall gi��e Borro�ver noticc ��rior to nn}• suoL inspection specifying reasonttble cause <br /> �'� therefor related to Lender's interest in the Property. <br /> 9. Condemnatioa. The proceeds of any award or claim for damages, direct or consequentisl, in connection � <br /> with any condemnation or other taking of the Property, or part thcreof, or for conveyanee in lieu of condemna- <br /> tion; are hereby assigned snd shall be paid to Lender. ;?•� <br /> „ In the evenL of s total taking of the Property, the proeeecis s6a11 be applied to the sums secured by this Mort- " �"" �s` . <br /> y: gage, �vith t6e e�ccess, if any, paid to Borrotiver. In the event of a partisl tuking of the Property, unless Borrower ar `� �' ' <br /> - and Lender othenvise agree in writing, there ehail be appliecl to the sums secured by this �tortgage euch propor- ` <br /> � ', tion oj the;:proceede, a�'3a equsl to that proportion wl�ich the . amount of the sums secured by this \iortgage imme- � e< f <br /> � diately prior to the date of faking bears to the fair markeE vslue of tlie Property immediately prior to the date of -� , <br /> : taking, with the..balana'e ofithe proceeds paid to Bonower. �! ��" <br /> '."�= If the-Propeety isabandoned by Borrower or if stter notice by Lender to Borro�ver that the condemnor offers '""' w <br /> F' � to make sn� atvaa�d or aettlela cla"un ior dsmages, Borioo�er fails to respond to Lender within 30 days af the,date ' x� .i` "�# <br /> <� of such,notice, �.ender is suthorized •to. col2ect. and :appiy the. proceeds at Lender's option eitl�er to restoration ar < <br /> ' 3 zepair of the Propei'ty,orto the sums secured by this \tortgage. <br /> �� '. j- ETnless Lender'andBorrower ;othernise sgree in writing, any such application of proceeds to principsl shall <br /> y.-..�.� . . . .. .. . . . . � , . � . � <br /> . . <br /> , f , . . . . . . . . . . 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