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<br />if ut.der psragraph 1$ hereof tf~;c Property is soEd ar the Property is otherwise acquired by i_ender. Lender <br />shall apply, no later than nnmediately Irrior to the sale of the Proper(-v or it= acquisition by Lender. any Funds <br />held by Lender at 'the time of application as a credit against the suns secured by il:is Mortgage. <br />3. Application of Payments. Unless applicabl^~ la:v provides othertise, all payments received by Lender <br />under the Note and paragraphs I and 2 hereof shah 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 Note and on Future Advances, if <br />any, and then to the prinaipal of the Note and to the principal of Future Advances, if any. <br />4. Charges; Iaens. Borrower shall pay ail taxes, assessments and other charges, fines and impositions attrib- <br />utable to the Property which may attain a priority. aver this Mortgage, and ground rents, if any, at Lender's <br />^~ option in the manner provided under paragraph) hereof or by Borrower making payment, when due, directly to <br />the payee thereof. Borrawer shall promptly furnish to Lender all notices of amounts due tinder this paragraph, <br />"y°~ and in the event Borrower shall make payment directly, Bor•o'a-er shall promptly furnish to T..ender reeeip~ evi- <br />dancing such payments. Borrower shalt promptly discharge any lien which has priority over this Mortgage; pro- <br />^,,,,~ vided, that Borrower shall not. he required to discharge any such lien so long as Burrower shalt agree in writing to <br />the payment of the obligation secured by Buell lien in a manner acceptable to Lender, or shall in good faith contest. <br />~~ such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of <br />~ khe lien or forfeiture of the Property or any part thereof. <br />~ 5. Harald Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Prop- <br />, arty insured against lass by fire, hazards included within the term "extended coverage", and such other hazards as <br />Lender may require and in such amounts and for such periods as Lender may require: provided, that Lender shall <br />not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured'by <br />this illartgage. <br />The insurance carrier providing the insurance shall ee chosen by Borrower subject to approval by Lender; <br />pnn•ided, than suctr approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid <br />at Lender's aptiar. in the meaner provided uudrr paragraph 2 hereof or by Borrower making payment, when, due, <br />directly to ttte insurance carrier. <br />In the event any policy is not renewed on ar 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 h.- This 'Ltortgage Failure by Borrower to comply m-ay, at op*.iar. of Isnder, constitute a default <br />under the terms of this Mortgage. <br />Atl 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 shat] 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 to the insurance carrier and bender, and Lender <br />may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insuranw proceeds shall be applied to restoration or <br />repair of the Property damaged, provided suer restoration or repair is eeenomic:ell}- feasible and the security of <br />this Oortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security <br />of this Mortgage would be impaired, the insurance prareeds shall be applied to the sutras secured by this 1\Iortgage, <br />with the excess, if env, paid to Borrower. If the Property is abandoned by Borrower or iC Borrawer fails to res{wad <br />to bender :vithin 30 days after notice by bender to Borrower that the insurance carrier offers to settle a claim for <br />insurance benefits, Lender is authorized to calleet and apply the insurance }?roceeds at Lender's option either to <br />restoration or repaie of the Property or to the sums secured by this \(ortgage. <br />Unless Leader and Borrower otltenvise 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 pamgranhs I and 2 hereof or change <br />the amount of such insiaihnents. <br />If under paragraph i$ hereof the Property is acquired by I.erder, all right, tit'e and interest of Borrower in <br />ar;d to any- insurance pahcice find in and to tltc• Itrasrs~ls thrreaf tta thr• extent of tIu runts securest by this ~Iott- <br />gage ira:nes}lately prier to sorb sai:z r:r acs}ui,iti~:n restrlting from dautagr to eitr Pra}>erti'-prior to the sale ar <br />acquisition shall pass to Lender. <br />5. ~-~rc~aa ~d ~'•i~a#arrar=aa ~ r=rap~ar~,*; haida: Cenaemiaiuma. Borrawer .:h ;ii ;:gip t. ° P gyp= <br />--_- arty in geed repair t {shall not ~erttit er ~asn.jit waste ,s:x~xirt?ten' ~ «:~rtrtrat.att ~f the Ytxspert~ and 3tiap-- - <br />compiy with the provisions of say lease, rt thts Mortgage rs vu a leasehahl. lC this Mortgage is an a vondominium <br />unit, Borrower shall perform all of Harrower'; vbiigatian; under ti:e declaration of condoutiniutn ar master lord, <br />the by-laws and regulations of the condominium projrc: and cunstih;ent documents. <br />?. $rotection of Loader's Security. If Borrower fails tv perform thr covenants and agreement-0 contained in <br />this Mortgage, or if any action or proceeding is comtuencrd which nmterially atlects Lender's interest in the Prap- <br />erty, including, but not limited to, mninent domain, insoh•ency, eale enloreentent, yr arrangements ar proceed- <br />ings involving a bankrupt ar .decedent, then Lender rat Lender'. option, upon notice to Borrower, ;tray snake such <br />appearances, disburDe Buell Burns and take such action as i.s ttccessan^ to protect Lender`s intet~t, including, buG <br />not limited to, elishursement of reasonable attorney's tees and entn• upon the Property to make repairs. Any <br />amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon. shall lwcome additia~tal indchta <br />edness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amomtts shall be payable upon notice Crom I.andce to Hornnvcr requesting payment thereof, and shall bear inter- <br />~t from the dirtx of disbumememt at. the rate stated in the Nota tmlee~ payment at interest at such rata would be <br />contrary to appfirtLte late, in which event such amounts shalt (tear interest at the highest rata permissible by <br />applicable law. Nothing contained in this paragraph .shall require bender [o incur any expense or do any act <br />hereunder. <br />8. Inspsetion. (.ender may make m• cause to Ire made reasanahlc entries upon altd inspect_iaas of the Prag- <br />er<y, pruvidod that Tender shall give Borrawer notice lu•ior to any such insp~ctimi apeeifying reaaanahae eau~e <br />therefor related to Lender's interest in the Praperty. <br />9. Condamrratiaa. The proceeds of am• award or claim for damages, direst or cansrquantiai, iu cannectian <br />with any condemnation or ether taking of thr. Praprrt}•, or part thereof, or tar rtmveyance in lieu of condetuna- <br />tion, are hereby assigned and shall be paid to Lender. <br />In the event of a rota! taking of the Property, the proceeds shall be aieplieci ko the sums secured by this Mort- <br />-- gage, n•ith rho excess, if any, paid to Borrower. In the avant of a ;>_tirtiat taking of the Property, unless Borrawer <br />and Lender otherw°ise agree in writing, there shall ba applied to the runts secured by this llprtgage such propor- <br />tian of the pmaeeds as is equal to that proportion which the amount of-the sums secured by this iliartgage imma- <br />diateiy prior to site date of salting bears is the fair tuarket value of the Praperty immediately prior to the date at <br />taking, with the balance of the proceeds paid to Hormwer• <br />If the Praperty Is abandoned by HorNwer or if after notice by Lender to Borrower that the condemnor offers <br />to make nn award or settle a claim far damages, Borrower fails to respond fu Lender within 3D days of the dale. <br />of each notice, L.ensler is authorized to s;allect and apply the proceeds at Lender's option either to restoration ar <br />repair of rho Property or to the sums secured by this Mortgage. <br />Unless Lender and Bat•rawer cthenvisa ag:'eo in writing, any such application of pnceeds to prittcipaf sh;iil <br />