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_. . <br /> � <br /> . . _ _ . . ,. _ . _ ; <br /> � _ ; <br /> If underpsragraph 18 hereof the Property is sold or the Property is atherwise acquired by Lender, Lender � <br /> shall apply, no Iater than immediately , prior to the salc oi tl�e Property or its ticquisition by Lender, nny Funds ` <br /> 1 lield by Lender at the time of npplicstion as a credit agsinst the sums secured by this Vlortgage. <br /> ± 3. 'Applicafion ot ' Paymeists. Unless applicable la«• nrovides othenvise, all payments received by Lender { <br /> • under the Note,and naragrapl�s. l and 2 hereof sliall be applied by I.ender first in payment of amoants payable to '� <br /> � 1 Lender:by Borrower under paragrapt� 2 Iiereof, then to interest �iuyable on tlie Note and on Future Advances, if <br /> �'' any, and then to 'the principal of the Note and to tlie principal of Future Advances, if any. � <br /> 4. Charges; Liens. , Borrower shall psy all taxes, assessments and other charges, fines and impositions attrib- <br /> � utghle :to the Property which may sttain a priorit over this Mort a e and � ° ; <br /> `� Y g g , �round 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 /> � the payee thereof. Borrower shall promptly furnisli to Lender ull notices of amounts due under this paragraph, <br /> ,.f , � and in the event Borrower ahall make payment directly, Borrower shnll promptly furnish to Lender receipts evi- <br /> p dencing sucli payments. Bonower shsll promptly discharge any lien which has priority over this Mortgage ; pro- <br /> ' vided, that Borrower shall noE be required to discharge any suc6 lien so long ss Borrower shali agree in writing to <br /> ' ,s � the payment of the ob]igation secured by such lien in � manner ncceptable to Lender, or shall in good faith contest <br /> � � such lien by, ordefend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of <br /> the lien or forfeiture of the Property or any ��art tl�ereof. <br /> t � ' S. Hazard Insuraaee. Borrower shall keep the improvements now existing or hereafter erected on the Prop- <br /> t � erty insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as <br /> � pp Lender may require snd in svch amounts and for such periods as Lender may require ; provided, that Lender ahall <br /> n not require that tfie amount of such coverage exceed that amount of coverage required to pay the sums secured 'by <br /> ' this Mortgage. �, <br /> 3 The insurance csrrier providing the insurance shsll be chosen by Borrower subject to approval by Lender ; <br /> , � provided, that such approval shall not be unresssonably withheld. All premiums on insurance policies shsll be paid <br /> ± at Lender's option in the manner provided under puragrapl� 2 liereof or by Borrower making payment, when due, <br /> directly to the insurance carrier. <br /> ' i In the. event any policy ia not renewed on or before ten days of its expiration, the Lender, to protect <br /> } ,. its interest, may procure insurance on the unprovements, pay the premiums and such sum shall become <br /> r immediately due and payable with interest at the rate set forth in said note until paid and shall be j <br /> � secured by this Mortgage. Failure by Bortower to comply may, at option of Lender, constitute a default <br /> ;' under the terms of this Mortgage. <br /> i All insurance po]icies and renewals Uiereof shall be in fonn acceptable to Lender and shall include a standard <br /> , � mortgage clause in iavor of and in form acceptable to Lender. Lender shall have the right to hold the policies und <br /> � ': renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and atl receipts of paid pre- <br /> ,j miums. In the event of loss, Borrower sl�all give prompt notice to the insurance carrier and Lender, and Lender <br /> = may make proof of loss if not made promptly by Borrower. <br /> { ! Unless Lender and Bonower othenvise sgree in writin�;, insurance proceeds shall be applied to restoration or + <br /> � : repair of the Property damaged, provided such restoration or repair is economically feasible and the seeurity of <br /> a ; this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security ' <br /> of this Mortgage would be impaired, the insurance ��roceeds shal ! be applied to the sums secured by this Mortgage, r <br /> with the excess, if any, paid to Borrower. If the Yroperty is abandoned by Borrower or if Borrower fnils to reapond a <br /> ' � to Lender within 30 days after notice by Lender to Borrower that the insurunce cnrrier offers to settle a claim for " - <br /> ineurance benefite, Lender is suthorized to collect and apply tlie insurance proceeds at Lender's option either to � <br /> , ; restoration or repair of the Property or to the sums secured b3• tl�is diortgage. <br /> , . Unleas Lender and Borrower otherwise sgree in writing, any such application of proceeds to principal shall <br /> �, notextend or postpone the due dute of the inonthly installments referred to in paragraphs 1 and 2 hereof or change <br /> � the amount of such instaAments. <br /> ` . i If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower in ' <br /> sad to any insurance policies and in snd to the proceeds thereof (to tl�e extent of the sums secured by thia vlort- ' <br /> � gage immediately prior to auch sale or acquisitionl resulting from damage to the Property prior to the sale or <br /> acquisition shall pass to Lender. <br /> 6• Preservation �d Mmaten�ce of Property; Leaseholds; Condominiums_ Borrower shall keep the Prop- <br /> '� erty in good repair and ahall not permit or commit waste, impuirment, or deterioration of the Property and ahall <br /> comply with the provisions of any lease, if this \iortguge is on a leasehold. If this Mortgage is on a condominium <br />� �w � unit, Borrower ahalI perform all of Bonower's obligations under the declaration of condominium or master deed, <br /> the by-laws and regulations of the condominium <br /> ,! project and constituent documents. <br /> �• 7. Pzotectioa of I.eadei s Security. If Borrower fnils to perform the covenants and agreements contained in <br />� i� this Mortgage, or if any action or proceeding is commenced �vhich materially affects Lender's interest in the Prop- <br /> r t� erty, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceed- <br />' ings involving a bankrupt or decedent, then Lender aE I.ender's option, upon notice to Borrower, msy make such <br />; � . appearances, disburse such sums and take such action ns is necessary to protect Lender's interest, including, but <br /> ,`� not limited to, disbursement of reasonsble attorney's fees and entry upon the Property to make repairs. Any <br /> a� smounts disbursed by Lender pursuant to this parsgraph 7, �vith interest thereon, shall become additional indebt- <br /> ;i edneas of Bonower secured by this tiiortgage. IInless Borrower and Lender agree to other terms of payment, such <br /> ; amounts shall be payable upon notice fram Lender to Borrower requesting payment thereof, and shall bear inter- <br /> �; , est from the date of disbursement at the rate stated in the ATote unless payment of interest at such rate would be <br /> contrary, to applicable law, in which event such amounts shall bear interest at the highest rate permissible by <br /> ;� applicable law. Nothing contained in this �sragrapli 7 shall requirc Lender to incur uny expense or do any act <br /> hereunder. <br /> 8• 7nspection. Lender may make or cnuse to be �nndc reasonablc entries upon and inspections of the Prop- <br />�� erty, provided that Lender shall give Borroa•er notice ��rior to an}• �uch inspection specifring reasonable cause <br /> $ therefor related to Lender's interest in the Property. <br />�} 9. Condemnation, The, proceeds . of any award or claim for damages, direct or consequential, in connection <br />%,� with any condemnation or other: taking of the Property, or part thereof, or for conreyance in lieu of condemna- <br /> tion, are he;eby assigned and shall be paid to Lendea "'_ <br /> w� ' In the event of a total Eaking of the Property, tlie �iroceeds shall be applied to the sums secured by this Mort- <br />" ��. gage, with the excess, if any, paid to Bor;o�vea In the event of a pnrtial taking of the Property, unless BorrowEr J <br /> t , � and Lendex',uther'ryase agree-in w;iting, there sl�all be applieci to the aums secure8 by this i�Sortgage such propor- <br /> tign of �6e pmeeeds-as ia equel to that proportion which the amount of khe sums secured by this Mortgage imme_ <br /> d"sately pnor to the date af tsking bears to the fair �uarket �alue of tlie Property immediately prior to the date of <br /> " tai�n8i w�tfs�,';�he�a}aace'of the; proceeds paid to Borrower. <br />` If the �'operty 'ss abandoned by Borrower or if after notice by Lender to Borrower that the condemnor offers <br />`� to it3�CG,�eri'9Ward o%;aettle a.claim for dsroagee, Borrower fails to respond to Lender within 30 days of the date <br /> o�eucFi nott�pe, i�ende.� is authoriEeB fo collect and appiy the }�roceeds at Lender's option eitl�er to restoration or <br /> rep�r of tlie ProperEy`or 'to the aums aeCured by tl�ie JYortgage. <br /> 'TJnlees I:ende.►� and Borrower othertivise 'agree in writing, any auch application of proceeds to principal shull <br />�S ,�.,. ,_ . <br /> .; <br /> � � • #� �J <br />