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4 <br /> _ �� � � <br /> I <br /> If under paragraph 18 hereof the Property is sold or the Yropertv is othera•ise acquired by I.ender, Lender ' <br /> shall apply, no later thnn immediately prior to thc salc of tl�e Property or its acquisition by Lender, any Funds <br /> held by Lender at the time oF application as a credit uguinst thc sums �ecured h�• this vtortgnga <br /> 3. Applieation of Payments. Unless applicable ]n�c provide� othenvise, all payments received by Lender <br /> under tl�e Note nnd parngraphs 1 and 2 hereof shull hc applicd by I.ender first in payinent of ainounts payable to <br /> Lender by Borrower under paragraNti 2 hereof, theu to interest pnyable on the Note and on Future Advances, if <br /> any, and then to the principal of the Note and to the principal of Future Advances, if nny_ <br /> 4. Charges; Lieas. Borrower shall pny all taxes, assess�nents and ather charges, fines and impositions attrib- <br /> ' � utpble to the Property which mssy attain a priority over this Vlortgage, and ground rents, if any, at Lender's <br /> option in the manner provided under paragraph 2 hereof or by Borrower making payment, when due, directly to <br /> ' i the payee thereof. Borrower ahall promptly furnish to Lender nll notices of amounts due under this paragraph , <br /> and in the event Borrower shall makc payment directly, Borrowcr shall promptly furnish to Lender receipts evi- <br /> � dencing sucli payments. Borrower shsll promptly disclzarge any lien which has priority over this viortgsge ; pro- <br /> � yided, Lhat Borrower shall not be required to discharge any such lien so ]ong as Borrower shnll agree in writing to <br /> the payment of the obligation secured by such lien in n �nanner acceptable to Lender, or shatt in �ood faith contest <br /> '�' auch lien by, or defend enforcement of such lien in , legal proceedings �vhich operate to pre�•ent the enForcement of <br /> '� the lien or forfeiture of the Property or any part thereof. <br /> � S. Hazazd lnsuraace. Borrower chall keep the i�nproveenents no�v existing or hereufter erected on the Prop- <br /> `� erty insured sgsinst loss by fire, hazards included �vithin the term "extended covernge", and such other haznrds as <br /> Lender may require und in such amounts and for sucl� periods as Lender may require ; provided, that Lender shsll <br /> � not require that the amount of such coveragc exceed tl�at amount of cuverage required to pay the sums secured 'by <br /> 0^O this Mortgage. <br /> The insurance carrier providing the insurance shall be chosen by Borrower subject to approvnl by Lender ; <br /> ; provided, that such approval shall not be unreasonsbly withheld. All premiums on insurance policies shall be paid <br /> at Lender's option in the manner provided under paragrapli 2 hereof or hy Borrower making 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 <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 /> All insurance policies and renewals thereof shall be in fonn acceptable to Lender and shnll include n standard <br /> inortgage clause in favor of and in forcn aceeptable to Lender. I.ender shall have the right to liold the policies nnd <br /> renewals thereof, and Borrower shall promptly furnish to Lender all renewttl notices and all receipts of paid pre- <br /> miums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, and Lender <br /> may make proof of loss if not made promptly by Borrower. <br /> r Unless Lender and Borrower otl�ercvise agree in writing, insurance proceeds shall be applied to restoration or <br /> repair of the Property damaged, provided such restoration or repair is economically feasible and the security of <br /> this Vlortgage is not thereby impaired . If such restorntion or repair is not economically feasibie or it the security <br /> of this 1-iortgage would be impaired, the insurance proceeds sl�all be applied to the sums secured by this Mortgage, <br /> ; with the excess, if any, paid to Borrower. If the Yroperty is abandoned by Borrower or iF Borrower fails to respond <br /> to Lender within 30 days siter notice by Lender to Borrower thnt the insurance carrier offers to settle a claim for <br /> � insurance benefits, Lender is authorized to collect and apply thc insurance proceeds at Lender's option either to ',' <br /> � restoration or repair of the Property or to the sums secured by tLis �Iortgage. <br /> ' ; Unless Lender and Borrower othenvise agree in writing, an�• such application of proceeds to principal shall <br /> not extend or postpone the due dste of the monthly instaltments 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 scquired by Lender, nlI right, title and interest of Borrower in <br /> { and to any insurance policies and in and to the proceeds tl�ereof (to the extent of the sums secured by this lblort- <br /> ; gage immediately prior to such sale or acquisition ) resulting from damage to the Property prior to the sale or <br /> ' acquieition shall pass to Lender. <br /> 6. Preservation cmd Mmatea�ce of Property; Leaseholds: Condomiaiums. Borrower shall keep the Prop- <br /> erty in good repair and ehall not permit or commit w:tste, impairment, or deterioration of the Property and shall <br /> ' comply with the provisions of any lease, if this �Iortgage is o�i a leasehold . If this \fortgage is .on a condominium <br /> i unit, Borrower shall perform all of Borrower's obligations under the declaration of condominium or master deed , <br /> the by-Iaws and regulations of the condominium project nnd constituent documents. <br /> ; 7. Proteetion of Lendez's Security. If Borrower fuils to perform the covenants und agreeroents contained in <br /> � this Mortgage, or if any action or proceeding is commenced �vhicl� materially affects Lender's interest in the Prop- <br /> erty, including, but not limited to, eminent domain, insol�•ency, code enforcement , or arrangements or proceed- <br /> ings involving a bankrupt or decedent, then Lender ut Lender'� option, upon notice to Borro�ver, may make such <br /> ', appearances, disburse such sums and take such uction as is necessary to protect Lenders interest, inc]uding, but - <br /> not limited to, disbursement of reasonable attorney's fees and entry upon the Yroperty to make repairs. Any <br /> ' ? amounts diabursed by Lender pursuant to this puragraph 7, �vitl� interest thereon , shall become additional indebt- <br /> edness of Bonower secured by this �iortgage. Unless Borrower and Lender ngrec to other terms of payment, such <br /> ?; � amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall besr inter- <br /> est from the date of disbursement at the rate stated in the Note unless payment of interest st such rate would be <br /> ' ; contrary to applicable law, in which event such xmounts shail bear interest nt the highest rate permissible by <br /> applicable law. Nothing contained in this pnragrap6 7 shnll mquire I.ender to incur any expense or do any act <br /> ,y hereunder. <br /> ' ,� 8. 7aspoctioa. Lender may make or cau<e to I�e �nndc reasonable entries upon and incpections of the Prop- <br /> erty, provided that Lender shall give Borrower noticc ��rim• to nnp s»ch in<pect.ion �pecifying reasonable cause <br /> therefor related to Lender's interest in the Property. <br /> ' 9. Condemnation. The proceeds of any a�vard or clnim for damages, direct or consequentisl , in connection <br /> ' 1 with any condemnation or other taking of the Property . or part thereof, or for can��eyance in lieu of condemna- � <br /> � tion, are hereby assigned and shall be paid to Lender. <br /> # In the event of s total taking of the Property, the proceeds sl�all be applied to the sums secured by this Mort- _ <br /> gsge, tivith the excess, if any, psid to Borro�ver. In tlie event of a partiat taking of the Property, unless Bonower 7 <br /> � . and Lender otherwise agree in writing, there sliall be applied to the sums secured by this vlortgage such propor- : � . <br /> � tion of the proceeds as is equsl to that proportion which tl�e amount of the sums secured by this i�Iortgage imme- � „ '` <br /> # diately prior to the date of .taking bears to the fair market value of the Property immediately prior to the date of wi '.; <br /> � taking, with the;lialance'o£the proceeds paid to Borrowez. i ": <br /> = f If the Property is abandoned by Borrower or if after notice by Lender to Borro�ver that the condemnor offers y , . � <br /> ? Eo make'an awsrd oYsettle s claim for damages, Borrower fails to respond to Lender within 30 days of the date ; ,,s �`; ;; <br /> ` .; of'.such notice, Lender is suthorized to collect and apl�ly tlie proceeds xt. i,ender'c ��tion cither to restoration or ` - " <br /> , ';;� repair of the Prope;ty or to the sums secured by this \Iortgage. <br /> IInlees Lender and Borrower otherwise sgree in writing, any such spplication of proceede to principal shall <br /> , : :� <br /> �.�+` ._..*' � <br />