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<br />If under paragraph 18 hereof the Property is sold or the Yroperty is otherwise acquired by Lender, Lender <br />shall apply, no lator than immediately- prior to the sale of the Pt•opcrt-y or its acquisition by Lender, any P`unds <br />held by Lender at the time of application as a credit against the sums >ecured h}• this :~lortgagc. <br />3. Application of Payanents. Unless applicabh: law provides otherwi<e, all paym+snts received by Lender <br />under the Note and paragraphs 1 and 2 hereof slsall be applied by Lender first in payment of amounts payable to <br />Lender by Borrower under paragraph 2 hereof, then to interest payable on the ?Vote and on Future Advances, if <br />any, and then to the principal of the Tote and to the principal crf future Advances, if any. <br />4. Charges; Liens. Borrower shall pay all taxes, assessmen+.s and other charges, fines and impositions attrib- <br />utable to the Property which may attain a priority over this Mortgage, and ground rents, if any, at Lender's <br />option in the manner provided under paragraph 2 hereof or by Borro~s-er making payment, when date, direstIy to <br />the payee thereof. Borrower shall I>trompth~ furnish to Lender all notices of amounts due under this paragraph, <br />and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evi- <br />~ dencing such I>ayntents. Borrower shall promptly discharge any lien which has priority over this ~Yorigage; pro- <br />~ vided, that Borrower shall not be required to discharge any- such lien so long as Borrower shall agree in writing to <br />~ the payment of the obligation secured by such lien in a manner acceptable to Lender, or shall in good faith contest <br />rq such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent. the enforcement of <br />•~ the lien ot-forfeiture of the Yroperty or any part thereof. <br />~ 5. fiazazd Iasuranee. Borroticer shah keep the improvements now existing or hereafter erected on the Prop- <br />erty insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as <br />~ Leader may require and in such amounts and for such periods as Lender may- require: provided, that Lender shall <br />~ not, require that the amoun± of such coverage exceed t!tat amount of coverage required to pay the sums secured'by <br />this Mortgage. <br />The insurance carrier providing the insurance shall be chosen b}• Borrower subject to approval by Lender; <br />provided, that. such approval shall not be unreasonably withheld. All premiums on insurance policies shalt be paid <br />at Lender's option in the manner provided under paragraph ?hereof or by Borrower making uayment, when due, <br />directly to the insurance carrier. <br />In the event any palicy is not renewed on or before ten days of its expiration, the Lender, to protect <br />its interest, may precura 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 Iafortgage. 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 shall be in form acceptable to Lender and shall include a standard <br />mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and <br />renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid pre- <br />miums. In the event of loss, Borrower shall give prompt notice io the insurance carrier and Lender, and Lender <br />may make proof of loss if not made promptly by $orrower. <br />Unless Lender and Borrower o`lterwise agree in cvritina, insurance proceeds shat be applied to restoration cr <br />repair of the Property damaged, provided sucl: restoration or repair is econotnicalty feasible and the accurst-- ~` <br />this Mortgage is not thereby impaired. If such restorttimt or repair is not economically feasible or if the security <br />of this Mortgage would be impaired, the-insurance proceeds shall be applied to the sutras secured by this Mortgage, <br />with the excess, if any, paid to Borrower. If 'the Yroperty is abandoned by Borrower or if Borrower fails to respond <br />to Lender within 8~ days after notice by Lender to Harrower iltat the insurance carrier offers to settle a claim for <br />insurance benefits; Lender is authorized to collect and apple the insurance proceeds at Lender`s option either to <br />restoration or repair of the Property or to the sums secured by this \iortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall <br />not extend or postpone the due date of the monthly installments referred to in paragraphs i and 2 hereof or change <br />the amotmt of such installments. <br />If under paragraph 18 hereoT the Yroperty is acquired by Lender, all right, title and interest of Borrower in <br />and to any insurance policies and in and to the proceeds thereof lto the extent of the stuns secured Hy this Mort- <br />gage immediately prior to such sale or acquisitions resulting from damage to the Property prior to the sale or <br />acquisition shall pass to Lender. <br />6, Preservation and Maintenance of Property; Leaseholds; Condominiums. Borrower shall keep the Prop- <br />erty in good repair and shall not permit or commit. waste, impairment, or deterioration of the Property and shall <br />comply with the provisions of any lease, if this lforigage is on s leasehold. If tF:is Mortgage is on a condominium <br />unit, Borrower shall perform alt 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 />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in <br />this tilartgage, or if any action or proceeding is commenced which rnaterially affects Lender's interest in the Prop- <br />erty, including, but not limited to, eminent domain. insolvency, code enforcement, or arrangements or proceed- <br />ings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such <br />appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but <br />not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any <br />amounts disbursed by Lender putsuan6 to this aaragraph 7, with interest thereon, shall become additional indebtr <br />edness of Borrower secured by this Mortgage. Lnless Borrower and Lender agree to other ±erms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear inter- <br />estfrom the date of disbursement at the rate stated in the \ote 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 permi4sible by <br />applicable law. Nothing contained in this paragraph 'r shall require Lender to incur any expense or do any set <br />hereunder. <br />8. Inspection. Lender may make or cause to he made reasonable entries upon and inspections of the Prop- <br />erty, provided that -Lender shall give Borrower notice pl'IOi' l0 any such inspection specifying rea?onable cause <br />therefor related to Lender's interest in the Property. <br />9: Coademaation. The proceeds of any award or claim for damages, direct or consequentisi, in conneetion <br />' with any condemnation ar other taking of the Yroperty, or part thereof, or for conveyance in lieu of condemns- <br />` lion, are hereby assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall 6e ap}~l'ted to tha sums secured by this Mort- <br />gage, wit,H C1t~F emcees, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower <br />-and Lender otherwise agree in writing, there sltail be aplilieci to the soma secured by this Mortgage such propor- <br />ti4n n# the proceeds as is equal to that proportion which the amount of-the sums secured by this Mortgage imme- <br />diately Iirior to the date of taking. bears to the fair market value bf-the Yroperty immediately prior to the. date of <br />taking, wtth the balanee at the proceeds paid .to Borrower. <br />I# the Property is-abandarrfxl hp Borrower or 'tf after notice by Lender to Borrower -that the condemnor offers <br />to make an award or settle a claitil_foi damages, Borrower fs<ils to respond to Lender within 30 days of the date <br />of-such notice; Lender is authorized t.o collect and apply the proceeds at Lender's option either to restoration or <br />repair of the Property or to the saws seeuxed: by tliis'liortgsge. <br />Lrnless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall <br /> <br />