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� ' i � <br /> If underparagraph 18 hereof thc Property is sold or the Property is othenvise acquired by Lender, Lender <br /> shall apply, no Iater tl�an immedistely prior to tl3c salc of tl�e Pro�icrty or its aicquieition by I.ender, any Funds <br /> held by Lender at the timc of application as a credit against Yhc sums secured by this vtortgage. <br /> 3. Application of Paymeats. Unless applicsblc la«• provides othenvise, all payments received by Lender <br /> under the Note and paragraplis 1 nnd 2 hereof sliall hc ap��lied by I.ender first in payment of umouats payable to <br /> Lenderby Borrower under psragraph 2 hereof, then to interest p�yable on the I�'otc and on Future Advances, if ' <br /> , any, and then to the principal of the Note and to the principal of Future Ad�•ances, if any. °� <br /> r 4. Charges; Liena. Borrower shull pay nll tuxes, nssessments and other charges, fines and impositions attrib- ,� � ; <br /> utpble to the Property which may attain s priority over tliis l�ortgage, und ground rents, if any, at Lender's <br /> + � option in the manner provided under paragraph 2 hereof or by Borrower making �Ayment, when due, directly to � <br /> i �, Ehe payee thereof. Borrower 'shall promptly furnish to Lender ull notices of amounts due under this paragraph, <br /> � and in the event Borrower sha❑ xnake payment directly, Borrower shall promptly furnisl� to Lender receipts evi- <br /> ` � dencing such payments. Borrower shall promptly discharge any lien which hns priority over this �'Iortgage ; pro- <br /> -� � vided, that Borrower shall not be required to discharge uny sucl� lien so long as Borrower slialt agree in writing to <br /> ; � the payment of the obligation secured Uy such lien in a manner acceptabie to I,ender, or shall in good faith contest <br /> auch lien by, or defend enforceinent of such lien in, legal proceedings �vl� ich operate to prevent the entorcement of <br /> � the lien or forfeiture of the Property or any part thereof. <br /> � 5. Hazard 7nsurmiee. Borrower shall keep the improvements no��• existing or hereufter erected on the Prop- <br /> erty insured againstloss by fire, hazards included �vithin the term "extended coverage", and such other hazards as <br /> Lender may require and in suc}i amounts and for sucl� periods res Lender tnay require ; provided, Lhat Lender ahal] <br /> not require that the amount of such coverage exceed thnt amount of coverage reqnired to pay the suma secured 'by <br /> this Mortgsge. <br /> The insurance carrier providing tl�e insurance shsll be chosen by Borrower subject ta approvnl by Lender, <br /> provided , that such approval shall not be unreasonsbly withheld. All premiums on insurance policies shall be psid ' <br /> at Lender's option in the manner provided vnder paragraph 2 hereof or by Borrower making {�ayment, 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 shafl be in form acceptaUle to 7,ender and shall i�clude a standard ' <br /> mortgage clause in favor of and in form acceptable to Lender. I.ender shalt have the right to hold the policies and �s <br /> renewals thereof, and Borrower shali promptly furnish to Lender all renews�l notices and all receipts of paid pre- <br /> 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 /> � Unleea Lender and Bonower otlierwise agree in �vriting, insurance proceeds shall be applied to restoration or i *�> <br /> repair of the Property damsged , provided such restoration or repair is economically feasible and the security of i ;'>"; <br /> this Mortgage is not thereby impaired. If such restoration or repair is not economically fensible or if the security " <br /> r of this Mortgage would be impaired, tl�e insurance E�roceeds shall bc applied to the sums secured by this Mortgsge, v`; <br /> ' � with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower or if Bonower fails to respond r s '' `' <br /> to Lender within 30 days after notice by Lender to Borrower tl�at the insurance carrier offera to settle a claim for < ' ' <br /> ; t � � � <br /> $ insurance benefita, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to ;r <br /> '� restoration or repair of the Property or to tl�e sums secured by tliis �Iortgage. ! -�'"� <br /> , <br /> i Unless Lender and Bonower othenvise agree in writing, anp such application of proceeds to principal shall ' <br /> � not extend or postpone the due dnte of the monthly installments referred to in paragraphs I and 2 hereof or change <br /> the amount of such installments. <br /> j If under paragrsph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower in <br /> ; and to any inaurance policies und in and to the proceeda tliereof (to tlie extent of the sums secured by this Mort- <br /> ' j gage immediately prior to such ssle or acquisition) reault-ing from damage to the Property prior to the sale or <br /> S acquieitioa shall pass to Lender. ;. <br /> { 6. Pzeservatioa rmd Mmataa�ce oi Property; Leaseholds; Condomiaiums. Borrower shall keep the Prop- ` ;: <br /> ierty in good repair and shali not permit or commit waste, impairment, or deterioration of the Property and shall <br /> � comply with the provisions of any lease, if this \lortgage is on a leusehold. It this �lortgage is on a condominium <br /> � unit, Borrower shall perForm ail of Borrower's obligations under the declaration of condomininm or master deed, <br /> � the by-lsws and regulations of the condominium project and constitvent documents. <br /> 7. Protection of Leadei s Security. I4 Borrower fails to perform the covenants and agreements contained in <br /> this vlortgage, or if any action or proceeding is commenced whicii mnterinlly affects I,ender's interest in the Prop- <br /> ? erty, including, but not limited to, eminent domain, insol�•ency, code enforcement, or arrangements or proceed- <br /> , � inge involving a bankrupt or decedent, then Lender at I.ender's option , upon notice to Bonower, may make such <br /> appearances, disburse sucl� sums and tske such action 1s is necessary to protect Lender's interest, including, but <br /> ' i not limited to, disbursement of reasonable attomey's fees and entry upon the Property to make repairs. Any <br /> 1 amounts diabursed by Lender puxsuant to thia paragrsph 7, �vitli intereat thereon , shall become additionai indebt- <br /> � edness of Borrower secured by this Vfortgage. Unless Borrower and Lender agree to other terms of payment, such <br /> j acnounte ahall bepayable upon notice frona Lender to Borrower requesting payment thereot, and ehall bear inter <br /> est from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be <br /> � contrarq to applicable law, in which event such amounts shall bear interest at the highest rate permissible by <br /> >� applicable law. Nothing contained in this paragraph 7 shnll requirc Lender to incur any expense or do any act <br /> i hereunden <br /> , � 8. .Iaspeetion. Lender may roake or cause to he madc reasonablc entries upon and inspections of the Prop- <br /> erty; provided th'at Lender shaIl give Borrower notice �+rior to an}• sucli inspection specifying ressonable cause <br /> • 3 therefor related to Lender's interest in the Property. <br /> 9. Condemnation. The proceeds of uny award or claim for damages, direct or consequential, in connection <br /> �'' � with any%condemnsCion orbther taking of the Property, or part tGereof, or for conveyance in lieu of condemna- ' � .. ' <br /> j tion, are herebysssigned and shsll be paid to Lender. , � <br /> � In the event of s totel taking of the Property, the proceeds sl�al] be applied to the sums secured by this Mort- " y <br /> `_� gage, with the ;excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrawer � � <br /> and Lender otherlvise agree in writing, there shall be applied to tl�e sums secured by this 3'tortgage such propor- R p af - <br /> "� Eion of,the proceeds sa is equal ta that proportion which the amount of the sume secured by thie Mortgage imme- s¢� $ '. <br /> ' dietely pnor,to the date ,of taking bears Eo the fair market value of tl�e Property immediately prior to the date ot �° : <br /> } , takiag, with ttfe� lialance of"the proceeds paid toBorrower. a` � <br /> ;-�� �� If .the Propeity.,;is,abandoned.by Borrower or i f n fter notice by Len der to Borrower t ha t t he con demnor o ffere s�" °�� <br /> r, �- i to make an awsrd or settle s clsim :for damages, Borrower faila to respond to Lender within 30 days ot the date a ,�r-�? �-- <br /> r ;; of auch notice, Lender is suthorized to coldect snd apply tlie ' ��roceeds at Lender's option eitlier to restoration or <br /> ri repair-of;yhe Prop'erty,or to the suma secureci by this �lortgage. <br /> �,. `} Untess Lender; and Borrower other�vise sgree in �vriting, any suoh application of proceeda to principal shall <br /> � � � <br /> , � . • , `vr '^." � <br />