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<br />If under paragraph IR hereof the Property is sold or the I'rnpert}~ ~~ nthr~rwir~~ ,~+•yuircd f,y Leader. Lender <br />.,hall npply, no later than immediately rninr to the sale u! th,• Prnpeny nr rta ;u•quisuioa iw Lender, :un• funds <br />held by bander at the time of application as a credit against the ~um~ ,rrumd h~~ tl~Ss Mertgar~~. <br />3. Application of Payments Unless applir•ahlc f:rtc hrasi,le~ nthernisr, ail pa}'meut< rrseive•~i he Lender <br />under the'_~iote and paragraphs 7 and 2 hereof shall Le applies! h~ Candor fiat in ps}~;nc•nt of amounts payable to <br />Lender by Borrower under I~aragraph 2 hereof, then to intemst psva6lc on the Aofc ;tnd on Future ddvances, if <br />any, and then to the principal of Ghe :V`otc and to the principal of Fabler ,ldvauces• ii any. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments and other charges. fines and impositions attrib- <br />utable to the Property which may attain a priority over this ~Sorigagc. and grmmii rents, if any, at Lender's <br />option in the mariner provided under paragraph 2 hereof or be Borrower making payment, when due, directly to <br />the payee thereof. Borrower shall prompth• furtisl: to Lender all notices of amounts due under this paragraph, <br />~ and in the event Borrower shall make payment directly, 1orrower shall prompth iurnish to Lender receipts cvi- <br />~'.~ denting such payments. Borrower shall prmnpth• discharge any hen which bas priority over this Mortgage; pro- <br />~ vided, that Borrower shall not be required to discharge any- such lien so long as Bm•rower shall agree in writing to <br />~' the payment of the obligatimt secured by such lien in a manner acceptable to Lender, or shall in good faith contest <br />~ such lien hy, or defend enforcement of such lien iu, legal proceedings which operate to prevent the enforcement of <br />~ the lien or forfeiture of the Property or an}• part thereof. <br />! 5. Hazard Insuraaee. Borrower shall keep the improvements now existing or hereafter erected on the Prop- <br />~ arty insured against loss by fire, hazards included within the term "ex±ended coverage", and such other hazards as <br />tv Lender may require and in such amorous and for such periods as Lender mac require; provided, that- Lender shall <br />not require that the amount of such coverage exceed ti:at amount of coverage required to pay the sums secured 6y <br />this Mortgage. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; <br />provided, that such approval shall not be unreasonahh withheld. Ali premiums at insurance policies shall be paid <br />at Lender's option in the manner provided under paragraph '? hereof or 6y Borrower making 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 />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 ra*e set forth in said note until paid and shall be <br />secured by this lblortgage. Failure by Borrower to comply may, at option of Lender, constitute a default <br />under the terms of this Mortgage. <br />Ail insurance policies and renewals thereof shall be in form acceptable to I:ender and shall include s standard <br />mortgage clause in favor of and in form acceptable to Lender. Lender shall lave the right to hold the policies and <br />renewals thereof, and Borrawer shall promptly furnish to Lender all renewal notices and all receipts of paid pre- <br />miums. In the event of ions, Borrower shall Bice prompt notice to dte insurance carrier and Lender, and Lender <br />may make proof of loss if not 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 tensible and the security of <br />this 3fortgage is not thereby impaired. if such restoration or repair is not economically feasible or if Ehe security <br />of this Mortgage would be impaired, theSnsurance proceeds shall be applied to the stuns secured by this Mortgage, <br />with the excess, if any; paid to Borrower. Ii the Yrohet-ty is absndoned by Borrower or ii Borrower fails to respond <br />to Lender within 30 days alter notice by Lender to Borrawer that the insurance carrier ofl-ers to settle a claim for <br />insurance benefits, Lender is authorized to collect snd apply the insurance proceeds at Lender's option either to <br />restoration or repair of the Properly or to the sums secured he this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application ot- proceeds to principal shall <br />not extend or postpone the due date of the ntonthh- installments referred to in paragraphs 1 and ?hereof or change <br />the amount of such installments. <br />If under paragraph 18 hereof the Propert.c 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' ito the extent of the sum. secured by this 3fork- <br />gage immediatel}- prior to such sale or acquisition ~ resulting from cfsmage io the Property prior to the sale or <br />acquisition shall pass to Lender. <br />6. Preservation sad Maintenance of Property; Leaseholds; Condominiums. Borrower shall keep the Prop- <br />erty in good repair and shall not permit or commit waste, impairment, or deteriorstion o2 the Property and shall <br />comply with the provisions of any lease, ii this Mortgage is on s leasehold. If this \Sortgage is on a condominium <br />unit, Borrower shall perform all of Borrowei s obligstions under the declaration of condotinium or msster deed, <br />the by-laws and regulations of the condominium project and constituent documents. <br />7. Protection of Lendei s Security. If Borrower fails to pertonu the covenants and agreements contained in <br />this Jortgage, oz if any action or proceeding is commenced which materially affects Lender's interest in the Prop- <br />erty, including, but not limited to, eminent dmuain, insoh-ency. e•ocic enforcement, or arrangements ar proceed- <br />ings invoking 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 ;: necessar}• to protect Lender's interest, including, but <br />not limited to, disbursement of reasonable attorney's lees and c'ntn- upon the Property to make repairs. any <br />amounts disbursed b}' Lender pursuant to this paragraph i, with interest thereon, shall become additional indebt- <br />edness of Borrower secured 6y this \iortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear inter- <br />eatfrom the date of disbursement at the rate slated in the Note unless payment of Snterest at. such rate would be <br />contrary to applicable law, Sn which Brent such amounts shall bear interest at the highest rate permissible by <br />applicable law-. Nothing contained in this paragraph "shall require Lender to incur any expense or do any act <br />hereunder. <br />8. Iaspeetion. Lender map make or cause to he made reasonable entries upon anti inspections of the Prop- <br />erty, provided that Lender .halt give Borrower notice prim• to ;un- sur•h inspection specifying reasonable cause <br />therefor related to bender's interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in conneeticn <br />with any condemnation ar other taking of the Property, or part thereof. or for c•onvevance in lieu of condemna- <br />tion, are hereby assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceed. shall be applied to the sums secured by this Mort- <br />gage, with the execs,, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower <br />and Lender othernise agree in writing, there shall he applied to the stuns secured by this Mortgage such propor- <br />• lion of the proceeds as is equal to that proportion which the amount of the sums secured by this lortgage imme- <br />diately prior to the date of taking bears to the fair market value of the Prouerty i;rmediately prior to the date of <br />taking, with the balance of the proceMs paid to Borrower. <br />If the Froperty is abandoned by Borrower or ii after notice by Lender to Borrower that the condemnor otTers <br />W make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days of the date <br />of such notice, Lender is authorized to collect and apply the proceeds at Lender's option either to restoration or <br />repair of the Property or to the sums secured by this Mortgage. <br />Unless Lender and Bon•ower otherwise agree in writing, any such application of proceeds to principal shall <br />