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_ . (- � � <br /> � If under paragraph 18 hereof the Property is sold or the Yroperty is other�vise ncquired by I.ender, Lender <br /> shall apply, no later thua immediately prior to thc salc of the Property or its acquisition by I.ender, any Funds <br /> held by Lender at the time of application as u credit againat the sums secured bp this Vlortgage. <br /> ; 3. lipplication o! Payments Unless applicablc Is��• provides othenvise, ull payments received by Lender <br /> ± under the Note and paragrapiis 1 and 2 hereof shall bc applied by I,ender first in payment of amounts paynble to <br /> ' Lender by Borrower under paragrapli 2 hereof, thei� to internst payablc on the Note and on Future Advances, if � <br /> � � uny, and then to the principai of the Nate and to t6e princi�ial of Future Advances, if any. <br /> � 4. Cfiarges; Liens. Borrower sl�all pay all taxes, assessments and other char�es, fines and impositions attrib- ; <br /> � utable to the Property which may attain a priority over this VIortga�e, and ground rents, if any, at Lender's � ' � <br /> � option in the msnnerpro�ided under paragraph 2 hereof or by Borrower making �nyment, when due, directly to <br /> j � the payee thereof. Borrower shall promptly furnish to Lender all notices of amoimts due under this paragraph, <br /> � and in the event Borrower shall mske payment directly, Borrower shall promptly furniah to Lender receipts evi- <br /> � dencing sucli psyments. Borrower shsl! promptly discliarge any lien �vhich has priority over this �Iortgage ; pro- <br /> ; ( vided, that Borrower ahall not be required to discharge any- sucl� lien so long us Borrower shnll agree in writing to a: <br /> f ap the payment of the obligation secured by such lien in :i inanner acceptable to Lender, or shall in �ood faith contest P <br /> i �+ such lien by, or defend enforcement of such lien in , legal proceedings �vhich opernte to prevent the enforcement of � <br /> � the ]ien or forfeiture of the Property or any part thereof. <br /> � S. Hazard Insuraaee. Borrower shali keep d�c i�nprovements no�v existing or hereafter erected on the Prop- <br /> � erty inavred sgainst loss by fire, hazards inciuded within the term "extended coverssge", and such oUier hazards as <br /> Lender may require and in such amounts nnd for such periods us I.ender may require ; provided , that Lender shsll <br /> � not require that the amount of such coverage exceed ttiat nmounL of coverage reqaired to pay the sums secured 'by <br /> ] this Mortgage. <br /> i The insurance carrier providing the insurance shall be chosen by Borro�r•er subject to approval by Lender ; <br /> provided, that such appraval shall not be unreasonably �vithheld. �11 premiums on insurance policies shall be paid <br /> � nt Lender's option in the manner provided undcr paragrapli 2 llereo[ or by Borro�ver making payment, when due, <br /> � directly to the insurance carrier. ; <br /> 9 In the event any policy is not renewed on or before ten days of its expiration, the Lender, to protect t <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 acceptuble to Lender iind shnll include a standard " , <br /> �nortgage clause in favor of and in form acceptable to Lender. Lender shall havc thc rigl�t to liold the policies and <br /> r renewals thereof, and Borrower shall promptly furnish to Lender ull rene�vul notices and all receipts of paid pre- � ' ` <br /> .; t miuma. In the event of loss, Borrower shall give prompt notice to the insurnnce carrier and Lender and Lender a <br /> � may make proof of loss if not made promptly by Borrower. ' <br /> .� Unless Lender $nd Borrower otherwise agree in �vriting, insurance proceeds shall be applied to restoration or � . <br /> repair of the Property damaged, provided sucli restoration or repair is economically fea=ible and the security of �'.' <br /> ; thieD�lortgage is not tl�ereby impaired. If such restoration or repair is not economically feasible or if the security <br /> , 5 of this Mortgage would be impaired, the insurance proceeds shall bc upplied to the sums secured Uy this Mortgage, ! f' <br /> � with the excess, if any, paid to Borrower. If the Yroperty is abandoned by Borrower or if Borrower fails to respond � f` <br /> � to Lender within 30 days after notice by Lender to Borrower that the insurance carrier offers to settle a claim for � <br /> f ineursnce benefits, Lender is authorized to collect and npply tl�e insurance proceeds at Lender's option either to � e` <br /> ; restoration or repair of the Property or to the sums secured by this llortgage. <br /> Unlesa Lender and Borrower othenvise agree in writing, any such applicution of proceeds to principal shall , _�. <br /> S not extend or postpone the due date of the �nontlily installments referred to in paragraphs 1 and 2 hereof or change ;� <br /> ' � the amount of such instaIlments. � ;r� <br /> } If under paragraphl8 hereof the Property is acquired by Lender, all right, title and interest of Bonower in <br /> '� and to any insurance policies and in and to the proceeds tl�ereof (to tLe extent of the sums secured by this vlort- <br /> gage immediately prior to such sale or acquisition) reeulting from damage to the Property prior to the sale or , � �� <br /> ,`� acquieition shall pass to Lender. <br /> ; 6. Pzeservation �d Mmateaance af Property; Leaseholds; Coadominiums. Borrower shall keep the Prop- <br /> r erty in good repair and shall not permit or commit waste, impairment, or deteriorution of the Property nnd shall <br /> � comply with the provisions of nny lease, if this \Iortgage is on a leasehold. If this vlortgage is on u condominium <br /> Y unit, Borrower shall perform ull of Borrower's obligations under the declaration of condominium or master deed , <br /> F the by-laws and regulations of the condominium project and constituent documents. <br /> 'r 7. Protectioa of Leader's Sacssrity. If Borrower fails to perform the covenants and agreements contained in ' <br /> 'j this Mortgage, or if any action or proceeding is commenced �vhic}� materially affects Lender's interest in the Prop- <br /> :l erty, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceed- <br /> { ings involving a bsnkrupt or decedent, then Lender at J.ender's option, upon notice to Borrower, may make such � <br /> � , appearances, disburse sucl� sums and take such action ns is necessary to protect Lender's interest, including, but <br /> not limited to, disbursement of reasonable attorney s fees and entrp upon the Property to make repairs. Any <br /> ,i amounts disbursed by Lender pursuant to this paragraph 7, witli interest thereon, shall become additional indebt- <br /> '3 edness of Borrower secured by this Mortgage. Unless Bonower and I,ender agree to other terms of payment, such <br /> � amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear inter- <br /> eet from the date of disbursement at the rate stated in the 1�Tote unless payment of interest at such rate would be <br /> contrary to applicsble Iaw, in which event such amounts shall bear interest nt the highest rate permissible by <br /> �� applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or do any act <br /> � hereunder_ <br /> 8• Inspechon. Lender may make or cause to be tnade reasonnble entries upon and inspections of the Prop- <br /> erty, provided that Lender shall give Borrower notice ��rior to 1m� such inspection specifying reasonuble cause <br /> � _ . therefor related to Lender's interest in the Property. <br /> 9. , Condemaation. The proceeds of any award or claim for damuges, dirnct or consequential , in connection <br /> with any condemnation or other taking of tl�e Property, or part thereof, or for conveyanee in lieu of condemna- <br /> tion, are hereby essigned and shall be paid to Lender. � ' <br /> In the event of a totaI taking of the Property, the �iroeeeds slisll be applied to the sums secured by this Mort- "" c""'� � <br /> „ gage, wrth the excess, if any, paid to Borrower_, In , tl�e event of a partial taking of the Property, unless Borrower <br /> and Lenderptherwise agree in writing, there shall be applied to the smns secured by this Viortgage such propor- f i° ' <br /> tion of the proceeds as is equsl to that proportion which the amount of the sums secured by this Mortgage imme- J #�'?� y <br /> diately pnor to the date of taking bea,ts to tl�e fair market value of the Property immediutely prior to the date of �s.: <br /> ��B, �:`theblialarice b€ the procgeds paid to Borrower. � <br /> . If thertPio y . 3, ,,,» Y <br /> pertyie abandoned b Borr6wer or if nftec notice b Lender to Borrower that the condemnor offers k' ?� „wy <br /> to make:an awaixi or settle s claim for dumages; Borrower fnils to reapond to Lender within 30 days of the dste {--' <br /> : of suoN'aOttice, Lender is suthoriaed 'to collect and spply the proceeds ac Lender's option eittier to restoration or <br /> repsir of Ltie Propeity or to the s�ms secured .bg this �Iortgssga <br /> - Unless Lender'and Borrower 'othernise agree in �vriting, any auch application of proceeds to principal shall <br /> � � . � � .. .._,.3 � . . � � . <br /> t . , . � . . � .. �"'.+' . �,rJ . <br />� �� . . �.: : . - . . � . � � . � . . <br />� <br /> F <br />