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_ . :.. . ` ' _ I � <br /> �� � <br /> If under :paragmph 18 hereof the Property is sold or the Property is othenvise acquired by i.ender, Lender <br /> i shall >apply, no later than immediately prior to the sale of thc Pro�icrty or its acquisition by I.ender, :my Funds ' :;? ,,,; <br /> held by Lender at the time of upplication ns a credit aguinst the sums securnd b�� this �Iort.�nge. ' <br /> �; , 3. Application of Payments. Unless spplicablc In�v �rovides otherwise, all puyments received by Lender ;� y'' <br /> ;: under the Note and paragrapl�s l and 2 hereof shall bc npplied by I.ender first in payment of atnounts paysble to t <w �` <br /> k ' Lender-by.Borrower under parsgraph 2 hereof, then to interest pa�yable on the Note und on Future Advances, if � ; ' {„9 ' 3 a <br /> ,�� any, and then tq the principal of the Note and to the princi��al of Future Advunces, if any. , �- } ` •; � <br /> � 4. Ch�ges; Liens. Borrower shall pay all tiaxes, ussessments snd other charges, fines and impositions attrib- ;< � , <br /> �,� utable to the Property �vhich may uttain a priority over this �fortgage, and growid rents, if any, at Lender's ;� . ` <br /> ' r � : option'in the manner provided under paragrapli 2 hereof ar by Borrower inaking payment, when due, directly to " ' ' " <br /> ;;�; � the payee thereof. Sorrower' sLall promptly furnish to Lender uil notices of umounts due under this pnrrsgraph, <br /> ' �,,� and' in the event Borrower shall makc puyment directly, Borrower c���ll promptly furnish to Lender receipts evi- �. � <br /> '� M denoing sucl� payments. Borrower shall promptly discharge uny lien �vhich has priority over this \4ortgage ; pro- ` <br /> vided; that Borrower shall not be required to dischnrge any sucl� lien so long us Borrower sholl agree in writing to <br /> �° � the payment of the obligation secured by sucli lien in u manner aeceptuble to Lender, or shull in good faith contest <br /> x' � such lien by, or defend enforcement of such lien in , legal proceedings ��•hich operate to prevent the entorcement of ; <br /> i � the Iien or forfeiture of the Property or any ��art tl�ereof. <br /> j ^ S. Hazard Insurcmce. Borrower shall keep tlic improvements no�v 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 hnznrds as <br /> { Lender may require and in such amounts and For such periods ns Lender muy require ; pro��ided, that Lender ahall `- ; <br /> not require that the nmount of such eo�•erttge exceed thnt amount of coverage required to pny the sums secured 'by � ' ,., <br /> this Mortgage. - <br /> The insurance carrier providing the insuranee shall be chosen Uy Borrower subject to approvul by Lender ; «. ,; , _ " <br /> � provided , that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid � r; �;' <br /> 3 at Lender's option in the manner provided under parngraph 2 liereof or hy Borrower making payment, when due, �. ` « _ :;c �"=: <br /> directly to the insurance carrier. _ 4 ` � �; <br /> f In the event any policy is not renewed on or before ten days of its expiration, the Lender, to protect �' � �>��ti <br /> � its interest, may procure insurance on the improvements, pay the premiums and such sum shall become �F f `'�,�,�, <br /> j; immediately due and payable with interest at the rate set forth in said note until paid and shall be ' ' ' _ "'t = <br /> secured by this Mortgage. Failure by Bonower to comply may, at option of Lender constitute a default � ` " �° _�,.��'�' <br /> under the terms of this Mortgage. � <br /> � ' , � � °<< , ;; ;� <br /> wa;. <br /> � All insurance policies and renewals thereof sLal! bc in fonn aceeptnblc to Lender nnd shull include a standard � , `s , � +}�`,'"�i <br /> ! ' mortgage clause in favor of and in fortn acceptable to Lender. Lender shall hnvc the right to hold the policies and ' ' �r x�� <br /> renewals thereof, and Borrower shall promptly furnisl� to Lender ull rene�val noticPs and nll receipts of paid pre- �' � ` � <br /> �� miums. In the event of loss, Borrower shall give prompt notice to the insurance cnrrier und Lender, and Zender � j 3T��; <br /> + may make proof of Joss if not made promptly by Borrower. � , , <br /> � 3 �Y �m�� <br /> � Unless Lender and Borrower othenvise agree in writing, insurancc proceeds shall be applied to restoration or r ¢-, <br /> .. . , -.,, .'*ya <br /> f, repair of the Property damaged, provided such restoration or repair is economically feasible and the security of � , <br /> � �� ,� <br /> this Mortgage is not tl�ereby impaired. If, such restoration or repnir is not economically feasible or if the security � �,,, „� �tr�'� <br /> ,3` of this \4ortgage would be impaired, the insurance proceeds shal! bc applied to the sums secured by this Mortgage, "'` Y>� t� <br /> fi ' with the excess, if any, paid to Borrower. If tUc Yiro��erty is abandoned hy Borrower or if Borrower fsils to respond � �'j��r� <br /> b LJI . ,ya <br /> • �• to Lender within 30 days after notice by Lender to Borrower tUat the insurunce carrier offers to settle a claim for � , �+� � <br /> ; ineurance benefits, Lender is nuthorized to collect and apply thc insurance proceeds nt Lender's option either to r ""`° <br /> ? restoration or repair of the Property or to the sums secured by tliis 14ortgage. & , '� , A � <br /> Unless Lender and Borrower othenvise agree in writing, an,y such applicntion of proceeds to principal shall s = <br /> � not extend or postpone the due date of the montHly instulla�ents referred to in paragraphs 1 and 2 hereof or change ^ <br /> the amount of such installments. ,� <br /> ' � If uader paragraph 18 hereof the Yroperty is acquired by Lender, sll right, title and interest of Borrower in ' <br /> A .� and to any insurance policies and in and to tlie proceeds tliereot (to thc extent of the sums secured by this Mort- � . ' <br /> gage immediately prior to such sale or acquisition) resulting from damage to thc Property prior to the sale or <br /> t � acquisition shall pass to Lender. , :�,w�'± <br /> � �s �r <br /> . � 6. Preaezvation �md Mmatea�ee of Property; Leaseholds; Coadominiums. Borrower shall keep the Prop- <br /> erty in good repair and shall not permit or comrnit waste, impairnient, or deteriorntion of the Property ar � shall ` . ' <br /> � comply with the provisions of uny lease, if this �fortgage is on a leasehold. If this �4ortgage is on a condominium : , t <br /> unit, Borrower shsll perform all of Borrower's oUligations under the declaration of condominium or master deed , <br /> �.:,> ,,; <br /> t •� the by-1aws and regulations of the condominium project and constituent documents. £ <br /> �� 7. Protection of Lendei s Security. If Borrower fails to perform the cwenants and agreements contsined in <br /> n this AiIortgage, or if any action or proceeding is commenced whicl� inaterially ntfects Lender's interest in the Prop- ` <br /> erty, including, but not limited to, eminent domain , insoh•ency, code enforcement, or arrangements or proceed- � r•� <br /> ings involving a bankrupt or decedent, then Lender nt i.ender's option , upon notice to Borrower, muy make such <br /> appearances, disburse such sums and take such action us is necessary to protect Lender's interest, including, but ' ' <br /> �,;' <br /> ` x` ' not li�ited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any <br /> ` = amounte disbursed by Lender pursuant to this psragraph 7, with interest thereon, shull become additional indebt- ' <br /> 4 ��;'. edness of'Borrower secured by this �+Iortgage. Unless Borrower und I.ender agree to other terms of payment, such '. � <br /> ;� ,;, ' amounts shall bepayable upon notice from Lender to Borrower requesting payment thereof, and shall bear inter- <br /> � i� eet from the date of disbursement at the rate stated in the Note unlesa payment of interest ut such rate would be � <br /> $�� contrary to applicsble law, in which event such amounts sl�all bear interest at tl�e highest rate permiasible by � '. <br /> applicable ]aw. �Totl�ing contsinecl in this paragrapl� 7 shnll reryuire I.ender to incur any expense or do any net � <br /> r �� herevndea > .,$' <br /> 5 "'r 8• ' Inspection. Lendermny make or cau�e to he madc renFonahlc entries upon and incpections of t.he Prop- <br /> -� erty, provided: that Lender shalF give Borroa•er noticc ��rior to nn� curh inspection �pecifying rersaonuble cause � <br /> ��� . therefor related to Lender's internst in the Property. � 3 ' �. i: <br /> . a S.-:, Coadem=iation. The proceeds of any awurd or claim for damages, direct or consequential, in conneotion , � ` '� � `rY` <br /> -. , with say condemnstion or' other taking of the Property, or part thcreof; or tor com•eyance in lieu of condemna- ,,,�, <br /> `�� tion, ase hereby ssaigned and shall be paid to Lender. � <br /> � ' In the event of a total taking of the Property, the proceeds shal! l�c applied to the sums secured by this Mort- r <br /> gage, �vith the excess, if any, paid . to Bono�ver. In tl�e .event of a partial tnking of the Property, unless Borrower '^'^i <br /> , : ;=as�dnT.endek pt�ei�wise agree ia ,writing, �,here sl�all be upplicd ';o tl�e surns secured by this \Zortgage such propor- ; ' ; ' " �,� <br /> - '� , 'tioa o€ tlie pr�ceeds as is equai to that proportion which the amount of the sums secured by this Mortgage imme- < r; <br /> y; diatelpprior to the date Q#,talcing beara to the fair market value of tlie Property immediate]y prior to the date of � � r '! <br /> � f,sksng, with �tG E�aisuce of`th� piroceeds paid��to Borrower. � � � � � � � � � , � � , : <br /> If �he.l'mperty. ie abandoned by Borrower or it after notice by Lender to Borro�ver that the condemnor offers " "�' - �^'"� ' �' <br /> ` 5� to Ynak�'an ai'varti or settle a elaim ;fAr damsges, Borrower Caiis to respond to Lender within 30 days of the date <br /> , ' ,� of sae2i notice;�Lehder is suthoriied,' to ,collect and apply the ��roceeds at Lender'c option either to restoration or <br /> � . ., rep'air o£:the Propezty`or to the'evms aecured;by ti�is �fortgage. <br /> k � �� T3nless.Lender snd $orrower oLhernieC 'agree in writing, any sur.h appliention of pmceeds to prinripal shn❑ � <br />� � � �� � <br /> i <br /> .�''� . <br />