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� � <br /> _ ` .� .__ -- - _ _.. .- .� _ __ _ ; . <br /> , <br /> If under paragraph 78 hereof the Property is sold or the Property is otherwise acquired by I.ender, Lender <br /> shsll npply, no later than immediately prior to thc saic of tl�c Property or its acquisition by Lender, any Funds <br /> heid by Lender at the time of application as a credit agninst the sums secured b�• this �fortgnga <br /> 3. Application ot Payanents. Unless applicablc In«� provides otherwise, all Payinents received by Lender <br /> under the Note snd para�rapl�s 1 and 2 hereof shall bc npplied by I.ender firsG in psyment of amotmts paynble to <br /> � I,ender by Borrower under paragraph 2 hereof, then to interest �iayabte on tl�e Note and on Fiiture Advances, if <br /> r any, and then to the principal of the ATote and to tlic principal o[ Future Advssnces, if any. <br /> �� 4. Charges; Lieas. Borrower sl�all j�ay nll taxes, assessments and other charges, fines nnd impositions attrib- <br /> utable to the Property which ' may attain a priority over tl�is vlortgage, and ground rents, if uny, at Lendes's <br /> ', � option in the manner provided under parugraph 2 hereof or by Borrower making payment, when due, directly to <br /> � Q the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under ihis paragraph, <br /> R �. snd in the event Borrower shall makc payment directly, Borro�cer shnll promptly turnisli to Lender receipts evi- <br /> ? � deacing such payments. Borrower shall promptly discharge any lien which has priority over this \lortgage ; pro- <br /> � � vided; that Borrower shall not be required to discharge any sucl� lien so long ns Borro�ver shali ngree in writing to <br /> ' � Q Lhe payment oI Ene obligation secureci uy sucii lien in :t n�ssnner ncceptuble io Lender, or si�uli iu gous f,�ith eonteat <br /> } � auch lien by, or detend enforcement of sucli lien in, legal ��roceedings which operate to prevent the enforcement of <br /> - i the lien or forfeiture of the Property or any part tl�ereof. <br /> ( 5. Hazard Iasuzanee. Borrower shnl! keep tl�e i�nprc+vements no«• existing or hereafter erected on the Prop- <br /> � erty insured against loss by fire, hazards included within the term '`extended coverage", nnd such other liazards ns <br /> i ^ Lender may require und in such amounts nnd for such periods as I.ender ma,y require ; provided, that Lender shall <br /> ' not require that the amount of such coverage exceed tl�at amount of coverage required to pAy the sums aecured 'by <br /> • � this Mortgage. <br /> - j The insursnce carrier providing the insurance shall be chosen by Borrower subject to upprovttl by Lender ; <br /> provided, thst sucl� approval shall not be unreasonably withheld. all premiums on insurance policies shall be psid <br /> � � st Lender's option in the manner provided under parngrsph 2 hereof or by Borro�ver tnaking 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 /> ! ita interest, may procure insurance on the improvements, pay the premiums and such sum ahall become <br /> j immediately due and payable with interest at the rate set forth in said note until paid and ahall be <br /> � secured by tkus Mortgage_ Failure by Borrower to comply may, at option of Lender, constitute a default <br /> i under the terms of this Mortgage. � <br /> ! All insurance policies and mnewals thereof shall be in forui acceptable to I,ender and s1�a11 include ss standard �' <br /> ;; j inortgage clause in favor of and in forn� acceptuble to Lender. Lender shull liave the right to liold the policies and <br /> � renewals thereof, and Borrower shall prompWy furnish to Lender all renewal notices and all receipts of paid pre- <br /> � miums. In the event of loss, Borrower shull give prompt notice to the insurnnce carrier and Lender, and Lender ;', <br /> i may make proof of loss if not made promptly by Borrower. <br /> Unlesa Lender and Borrower otherwise sgree in �rriting, insurance proceeds shall be apptied to restoration or � <br /> f repsir of the Property damaged, provided such re=toration or repair is economically feasible and the security of <br /> i this Vlortgage is not tl�ereby impaired. If such restoration or repair is not economically fensible or if the security <br /> � • of this Mortgage would be impaired, the insurnnce �roceeds s1�311 hc applied to the sums secured by this Mortgage, � <br /> � with the excess, if any; paid to Borrower. If the Yroperty is Abancloued by Borrower or if Borrower fails to reapond ` <br /> � to Lender within 30 days nfter notice by Lender to Borrower that the insurance carrier offers to settle a claim for ' ' <br /> inaurance benefits, Lender is uuthorized to collect and apply tlic insurunce proceeds at Lender's option either to �`" <br /> � restoration or repair of the Property or to the sums secured by t6is �3ortgage. <br /> � Unleea Lender and Borrower otherwise agree �n writing, any such applicution of proceeds to principal shall = <br /> � not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change <br /> � the smount of such installments. <br /> If under psrsgrnph 18 hereof the Yroperty is acquired by Lender, atl right, title and interest of Borrower in <br /> , i and to any insurance policies nnd in and to the proceeds t6ereof (to tlic extent of the sums secured by this Mort- <br /> gsge immediately prior to such sale or acquisition ) resulting from damage to the Property prior to the sale or <br /> � ; acquisition shsll pass to Lender. <br /> � 6. Preservatioa tmd Mmnten�ce of Pzoperty; Eeaseholds; Condomiaiums. Borrower shall keep the Prop- <br /> 4 erty in good repair and shall not permit or commit waste, impairment, or deterioration of the Property nnd ahsll <br /> comply with t.he provisions of nny lease, if this �Iortgage is on a leaseliold. If this b4ortgage is on a condominium <br /> • , f unit, Borrower shall perform ull of Borrower's obligations under the declaration of condominium or master deed, <br /> ; the by-laws and regulations of the condominium project and constituent documents. <br /> f 7. Proteetioa of Leader's Seeurity. If Borrower frxils to perform the covenants and a�reementa contained in <br /> tthis vlortgsge, or if any action or proceeding is commenced whicl� materially affects Lender's interest in the Prop- <br /> erty, including, but not limited to, eminent domain, insoh•ency, code enforcement, or arrangements or proceed- <br /> ;• ings involving a bankrupt or decedent, then Lender at I.ender's option, upon notice to Borrower, may make such <br /> appearances, disburse such sums and take suc4 action as is necessnry to protect Lender's interest, including, but <br /> not Iimited to, diabursement of reasonable attorney's fees and entry upon the Property to inake repairs. Any <br /> - � amounte disbursed by Lender pursuant to this paragraph 7, ivith interest thereon , shall become additional indebt- <br /> edness of Borrower secured by this Mortgage. Unless Bonower snd Lender sgree to other terms of payment, such <br /> � amovnta shall be payable upon notice from Lender to Borrower requesting payment thernof, and shall bear inter- <br /> est from the date of disbursement at the rute stated in the Note unless pnyment of interest at such rate would be <br /> , { contrary to applicable Iaw, in which event such amounts shall bear interest at the highest rate permiesible by <br /> - � appIicable lnw•. Nothing containecl in this paragraph 7 shnll require Lender to incur any expense or do any act <br /> hereunder. <br /> y8• Inspeetion. Lender may make or cause to be madc reasonuble entries upon and inspections of the Prop- <br /> ' erty, provided that Lender shall give Borroa�er notioc �.rior to any �urh inspection specifying reasonable cause <br /> t therefor related to I,ender's interest in the Property, e <br /> ' � ,.: 9. Condemaation. The proceeds of nny award or claim for damages, direct or consequential, in connection <br /> with say , condemnation or other taking of the Property, or part tliereof, or for conveyance in lieu of condemns- <br /> tion, sre hereby assigned and ahali be paid taLender. -="� � :, <br /> In the event of s total taking of the Property, the proceeds shal! lie applied to the sums secured by this Mort- -' � , <br /> ,� gage, with the excess, if any, paid to Borrower. In the event of a }�artisl taking of the Property, unless Borrower N ''. ' <br /> I ° " . <br /> and Lender otherwiae agree in writing, there shull be applied to the Aums aecured by this �Lortgage such propor- , <br /> °� tipn of the'procecds as is equal to' that prdportion which Elie ainount of the auma secured by thie Nlortgage imme- ,. <br /> ' distely prior to the dste of taking bears' to tl�e fair market value of tlie Property immediately prior to the date of � ;� <br /> ail' takiag, with,the:balanoe of:the proceeds paid to Borrower. � �, a�=,�, <br /> :� Zf the'Pioperty:iS sbandoned`by Borrower or it after notice by Lender to Borrower that the condemnor offers "" `` � " <br /> + to make sn award or. settle s olaim for damages; Borrower fails to respond to Lender within 30 days of the date <br /> ; � oE such nbtice, L.ender is $uthorised :to collect and;spply the proceeds nt Lender's option either to re.ytoration or <br />� Y repais of $he Property or to, the sume aecured by this \fortgage. <br /> ; ' iTnless I,ender and Borrower other�viae agree in writing, any such application of proceeds to principul ahall � <br /> r.. . � � .�p . ,�; . . <br /> t <br />� . , . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . <br /> k <br /> i <br /> i <br />