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If under lsaragraph 38 hereof the Property is sold or rite Proprrey is otherwise acquired by Lender, bender <br />shall apply, no later #ftan immediately prig to the sate of rho Propert.v or its acquisition by Lender, any Funds <br />held by Lender at. the time of application as .t credit again.5t the sums secure<t by this 44Iox'tgage. <br />~, Application of Payments Unless applicable lacy provides other wise, all psytnents received b,Y Lender <br />under the Note and paragraphs :and 2 hereof shall he a[xplieci I}y T,cndcr first in payment of amounts payable to <br />Lender by Borrower under paragr,gp}t 2 hcretif;-thezt to interest. payable on }.he Nate and sax Future Advances, if <br />any-, and then to-.the principal of th¢ Ngte and lea tlie;lirincipal of Future Advances, if any: <br />~l. Cliargea;-Elena Harrower shall pay-x11 taxes:, assessments and ether charges, flaw aitd impositions attrib- <br />utable to the Property which map attain-a. priority over tkis ~Sortgage; and ground rents, if any;.at Lender's <br />~ option is the manner provided raider paragritplt'l hereof or by $arrgwer making-payment, when due,-direetIy to <br />the payee thereof. Bgrrawer shall promptly furnish, to Lender ail notices ofamounts due -ender this paragraph, <br />anti is tie syeaw ~grra~vpr shall xna~e pWyr.^~. directly; Borrarsssa• shall ixranxptly furnish to Zender receipts. evi- <br />~ denaing sacix psymenEs. Hbrrnwer shall promptly discharge any Iles which lxas priarica over this aiartgage ; pro- <br />~ yided, thatBorrower shall not'be-required tq diselxarge any-such. lien so long as Borrower shall agree in_xeriting to <br />~ thepayment of the gbligafinn seaured by such Tien in n manzter acceptable W Lender, or shall in gaol faith coat~.st <br />~ such lien icy,. sir defend enforcement of sueli lien in; legal gxraceedings iihish operate to prevesit the enforcement of <br />the lies or forfeiture of the Property or any-part thereof. <br />~ 5. Flazard fnsurance: $arrower shall keep the improvements 2tnw existing ar hereafter erected on the Prop- <br />erty insured against loss Icy fire, hazards included withixx the ter€u "extended coverage", and such other hazards as <br />Lender ma}' require and i:x such amounts and fcr suet: periods as I:ender may require; provided,-that Lender a}eall <br />~:equire that fheamount of such c~verage.exceed that amatmt of coverage required to pay $lie sums aecured'by <br />this ivlartgag2. <br />~'he insurance-carrier providing the insurance shall be chosen by $orrawer subject to appraysi by Lender; <br />provided, tlxat such approval shall. sat be unreasonably withheld, AlI premiums on insaianee poi"zcies shall be paid <br />at Lender's option in 'the manner provided under paragraph 2 hereof or by Borrower making payment, when due,. <br />directly to the insurance carrier. <br />In the. event say pglicy is not renewed on or before ten days of its expiratiart, the- Lender, to protect <br />its interest, may procure itrsursnce on the improvements, pay-the premiums and such sum shall became <br />immediately due and payable with interest at the rate set Earth in said sate until pasd sad shall be <br />secured by this ?~*ertgage. Failure by Borrower to comply may,. at aptioa of Lender, caastitvte a defatilt <br />under the terns- of this :. ;<'tgage. <br />Ala insurance palieies and renewals thereof shall be in form aecegtable to Lender and-shall include a standard <br />c;•artgso~ sIA,~~ in fav~raf and in form acceptable to Lender- Lender sltail have the right to ixold the poi*_cies and <br />renewals thereof, and Borrower shall promptly furnish to Lander all renewal noticPS and all receipts of paid pre- <br />miuma. In the event of loss, Harrower shall give prompt notice fn rite insurance carrier and Lender, and.Leader <br />may make proof of lass if sat made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration- or <br />repair of the Property damaged, provided such restoration or repair is economically feasible- and the security of <br />this A4artgage treat thereby impaired. If such restoration or repair is sat economically feasible or if the security <br />of tlsis I4fortga$e would be impaired, the insuraance proceeds shah be applied to the sums secured by this A~ortgage, <br />with the excess, if any, paid to Hoxrower. If the Property is ab9rdaned by Borrower or if Barrawer -faits to rear -~d <br />t€k wader within 3zJ days-after settee by Lender to Harrower that the insurance carrier off€rs-to sattIe a elairri tae <br />insuraace benefit,,, Lender is authdrized to eolTeet and apply the insurance proceeds at Lender's- aptimx eitlt®r to <br />restoration or repair of the Prapert_v or to the sums secured by this ylort~;age. <br />Unl~ Lender and Harrower otherwise agree. in writing, any such application of proceeds to principal shall <br />sat extend or poatpoae the due date of the monthly installments referred to in paragraphs i and 2 hereof ar change <br />the. aaxauat of such installments. <br />If under paragraph I$ hsreaf-flee Property is required by LE:tcier, all right, title and interest of Harrower in <br />and to snyinsnranee policies and in ana €o the proceeds thereof (to the extent of the sums secured by tills M~rt- <br />gage immediately prior to such sale or acquisitiaixt resulting from damage to the Property prior to the. sale or <br />aequiaitiaa shall pass to Lender. <br />6. arsrtas3rt ~t3INla~t®ssrarg ©, Pzcsparty; lecaazs~lda; Gs4dEminiu:ns. Barmwer shall keep the Prop- <br />erty in good repair and shall not permit or commit waste, impairment; ar deterioration of the Froperty sad shall <br />eamplp with the provisions of any lease, if this i4~artgage is on a leasehold. If this 14ortgage is on a condominium <br />unit, Borrower shall perform all of $orrower`s obligations under the declaration of condominiums ar master deed, <br />fire by-laws and regulations of the condominium project and constituent documents. <br />ya P*at~-:si. of I~dsr'>€ SsES~riig= If Barrow?r fails to perfo:~n the covenants and agreements euatair#ed is <br />this A•io:'£gage, ar if any action or proceeding is commenced whiclx material3y affecfs Lender's intereaL in the-Ptap- <br />erty, including, but-sat limited to, eminent domaiu, insolvency: code enforcement, or arraugements or proeeeal- <br />ings involving a bankrupt or decedent, than Lender at Lender's option, upon settee to Barrawer, may make such <br />appearances, disburse suelx sums and take such action as is necessary to protect Lender's interest, including,-but <br />not limited ta, disbursement of reasonable attorney's fees and entry upon the Pmperty to make repairs: Any <br />aminia#s<tsbu~d by Ler~3er pcusuant to this paragraph 'r, .vith interest thezeaix; shelf beer-me additional iadebt- <br />edneas of Boriawfzr secured by this liortgage. Unless Barmwer and Lender agree to ether terms of payment,. sash <br />amaun$a shall be payable upon notice from Lender io Borrower requesting payment thereof, and shall boar later- <br />eat from the date of disbursement at the rax stated in the Hatt ur.Iess payment of interest at such. rate would be <br />contrary to applicable law, in whian evert such amounts shall bear interest at the highest rate peraiiasihIe by <br />applicable law. l~Tothiag containedsn this paragrapl: 7 shall require Lender to incur any expense or da asp set <br />httr.witider, <br />$: Leader may make yr cause to ire-made reasanablc entries upon and ittspeetians drf ~~~e=Prop- <br />erty, provided-that Lender shall give Borrower notice prier to env such inspection speeifyiirg reasonable cause <br />therefnrrelated tp Lender's interest in the Property. <br />9 'lXxe proceeds of any award or elaiin for damages; direct or aansequgntasl, in eana~ion <br />wi#~ auy a;udexriastiixit or ether taking cf rile Property, ar jxart,°th~reof; or for eonvevanee'iu lieu of enndsmna- <br />tian; are bareffy assigned and shell be paid tar bender. <br />In theevent of a tataI_tsking:of lire Yroperty, the ]x[act~tis shail,lie applied to the sums secur~l6y-this D+Ias'E- <br />gage, with the esters, if asp, paid fc Harrower: Iat dte event of s partial tabing of tie 'F?zvperfy, unless $orrower <br />and Lender otherwise agree in writing, there shall be apttiied to the sums secut~ci 6v`thin ~Iattgege such prop~r- <br />tiaa of the proceeds as is egaal to that proportion witioh the amount of the sans secured be tfsis ?Mortgage imtae-- - <br />diately-prior to the date of taking bears to the fair market valae of the Properly imwediately prior to the date of <br />~k+ng, with the halance of the proceeds paid. to Borsow•er. <br />If the ?rafrerty is sbandoneil by Borrar'er or iC after notice<by Lender to $orran•er fast°the ttondemAOr offtus <br />to slake an aw-era or seine a claim for damages, Borrower fails to respond tQ L:ensler arithin days- of the date <br />of such notice, Lender is aatho°ized to eiollee.t and apply ti:c procecYlr, et. Lender's r;ptipn either to restoration or <br />repair c+f the Propirty or to the same secured 6 ;• £ltis liartgage. <br />~nlesv Tender: and Boxrawar athern~iac_ agree in wriyingj any such :applloation of proceeds to principal sha11 <br />aM ' <br />