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<br />If uu~er paragraph i$ hereof the Yro~~ert}- is gold ur the Property- is othcrtci=e arnuired by bender, Lender <br />shall apply, no later than immediateh• prior to the sale of the Property- or i[~ acquisition by bender, any Funds <br />held by Lender at. Lhe time of application as a credit against the <unts <ecureri by 1 his A-Lortgage. <br />3. Applieatian of Payments. Un]ess applicable law provides othcrtsise, a!1 payments rcceiveti by Lender <br />under the vote and parsgraphs I and 2 hereof sha.il be applied by I,endrr first in payment of amounts payable to <br />Lender by Borrower under paragraph 2 hereof, then to interest l,ayxble on the Aote and on Future Advances, iE <br />any, and then to the principal of tl,ta Aote and to the principal of future Advances, if any. <br />4. Charges; Eiens. Borrower shall pay all taxes, assessments and other charges, fines and in.positions attrib- <br />utable to the Property which may attain a priority over this \Itnt.gsge, and ground rents, if sr.}•, at Lender's <br />option in the manner provided under paragraph 2 hereof or by Borrower making payment., when due, directly to <br />the payee thereof. Borrower shall prcezpth• furnish to Lender all notices of amounts due under this paragraph, <br />and in tfte event. Borrower shall make payment- direct[,, Borroticer shall prarnptly furnish to Lender receipts evi- <br />dencing such payments. Borrower shall promptly discharge any ]ien n•hiclr has prim-ity over this ~Iortgsge; pro- <br />vided, that Harrower shall not be required ro cfisrharge any such lien so long as Borrower shall agree in writing to <br />® the payment of the obligation secured by such lien in n manner acceptable to Lender, or shall in good faith contest. <br />such ]ien by, or defend enforcement of snch lien in, legal proceerimgs which operate to prevent the en#oreemant of <br />the lien or forfeiture of the Property or any part thereof. <br />~~+ 5. Harvard Insurance. Borrower shall keep the int~uot-ements now existing ar 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 />Lender may require and in such amounts and for snch periods as Lender may require; provided, that Lender shall <br />not require that the amount of such coverage exceed that amount of coverage require' to pac the sums seeured'by <br />~ this Mortgage. <br />1\ The insurance carrier providing d:c insurance shall be chosen by Borrower subject to approval by Lender; <br />provided, that such approval shall not be nnreasonnbiy withheld. Ali premiums on insurance policies shall be paid <br />at Lender's option in the manner pmvideci wader paragt.•tph 2 hereof or by Borrower making paeroent. when due, <br />directly to the insurance rsrrer. <br />In the event any policy is not renewed on or before ten days of its expiration, the Lender, to prated <br />its interest, may procure insurance on the improvements, pay the premiums and such sum shall become <br />immediately due and payable a~th interest at the rate set forth in said note until paid and shalt be <br />secured by this tviortgage. Failure by Borrower to comply may, at option of Lender, constitute a default <br />under the terms of this tVlortaage. <br />All insurance policies and renewals thereof ,};all be in form acceptable tp Lender trod shall inetude a standard <br />mortga~ clause in favor of sad in form acceptable to Lender. bender shall have the rigizt 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 loss, Borrower shall gite prompt notice to the 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 he applied to restoration or <br />repair of the Property damaged, provided such restoration or reps=r is eeanomicall}• fcssiblc and the security of <br />this Mortgage is not thereby impaired. If such restorttimi or repair is oat economically feasible or if the security <br />of this ortgage would be impaired, the insurance proceeds si,a11 he appiieci to the soots secured by this 1ortgage, <br />with the excess, if any, paid to Borrower: It tL•e P;•opt rty is abandoned b}• Borrower ar it Borrower fails to respond <br />to Lender within 30 days after notice by ].ender to Borrawer that nc~ insunutca carrier offer to setila x claim for <br />insurance benefits, Lender is authorized to collect and apply the insurance proceeds at L.ender's option either to <br />restoratian or repair of the Property or to the suns secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree iu writing. any such application of proceedsta principal shall <br />not extend er postpone the due dais of the monthly installments referrer! to in paragraphs 1 :and `~ hereof or change <br />the amount of such installments. <br />If ttatler ltarueruplt 14 hareo[ tlzc Yropert}• i acquire4i b}• Lender, all right, title ar:d itrterest of Harrower in <br />and to an}- insurance palioies and in and to tha nrnreeris thereat ttc the ext,~nt of the Burns cured L+v° this !Earl- <br />~a~,e ham@diatcty priCi' is €uCii sale ar ::c'ijtt i-;t loci! f.-~U if lily iratit dJStia{;a" to till a'rapNr'GS' prior La title', r$I@ ar <br />ucauisitlon shall uas_s to Lend_r-r, <br />6. Praservaiion rmd Maiateaance of Property; Leaseholds; Condomiadtrms_ Borrawer sh;;.ll keep the Frop- <br />erty i:r gead relaair and shall oat permit ar commit waste, irnpairrnent. at• deterioration of the Property sad shalt <br />canply with the provisions of any lease, it this Mortgage s an a leasehold. IC this ~~Iartgage is on a condominium <br />unit, Borrower shall perform al! of Borrower's obligations under tttc riedtu•ation o! condmuiuimn ar master deed, <br />the by-Isrvs sad regulations of the condauinimu project and constituent dacuutents- <br />7. ProteeHon of Lendei s $ecurity. If Borrawer fail, to per£onn the covenants and agreements contained in <br />this Mortgage, or ii any action ar proceeding is comnteneud which matt:riaily a$ects Lender's interest in the Pral,- <br />erty, including, but nor, limited to, cntinent cioutain, itsoh•ency, code enforcement, or arrangeruetds ar prveeed- <br />ings involving a t>ankrupt or decedent, then Lender at Leader's option, upon notice tc Barraaer, may make such <br />appearances, disburse such Burns and take such action as is necessary to prateet Landers interest, including, but <br />oat limited to, disbursement of reasonable attortey's tees anti entry upon the Property to make repairs. An}• <br />amounts dishnrsaci by Lender pursuant to this paragraph 7, with interest thereon, shalt hecwua ndtiitional indobt- <br />edness of Borrower secured by this )Ioregage. Unless Borrotvr. r and Lcucter agree to other terms of payment, such <br />atnauntb shall fte ltayahle upon naticc ftou; I.encler to Borrower requesting lraytnenk thereof, anti ,hall hear inter= <br />est frvm thu date of disbursement at the rate stated in chc lots unless pa}tntent of iniereat at such rste. would be <br />t:ontrary to applicable late, in which event such amounts shall hear interest at the highest rate pet•misai6le by <br />applicable lsw. 'Nothing contained in this paragraph 7 shall requirr Lender to incur any expense or des any act <br />ttereundcr. <br />5. Ingpaeaon. i,t-n,iar tnst° tasks ar cattsc io i,e made ret~ mtahie entraa upon anti inspections ai tiro Prop- <br />erty, provatcul that T ender shall givt~ B+jrrewrr notice iuiw• to .+t:y suc•h insitafitietu sptn-ifying rrasonabta ranr~ <br />thorefor related to Lender's interest in the >aroperty. <br />9. Condemnation, The proceeds of any awartt or claim far elarnages, direct or consequential, in canneetioa <br />with any condemnation ar other taking of the. Yraperty, or part thereof, ar far cou.•eyance in lieu of condemna- <br />tion, are hereby sssignad and shall tre paid to I.rnder. <br />In the evens of a total taking of the Property, the proceeds shall be applied to the sums aerurecl lry this ~fort- <br />gage, with the exccres, if any, paid to Barrow•er. I.n the event of a partial taking of the Prolu+rky, unless Bormwzr <br />and Lender otherwise agree in writing, there shall he appiieri to the sums secured by this llartgage sunh pmpor- <br />lion of the proceeds as is equa{ *o that proportion which the amount of the soots secured by this ~fartgage imtne- <br />• diately prior to the date of taktng beat's to the fair market value of the Property imttretliately prior to the data of <br />taking, with the balance of the proceeds paid to Borrower. <br />If the Property is abandoned by Aorrower or if after naticc by bender to Borrower that the condemnor ed'ers <br />to make an award or settle a maim for damages, Borrower fails to respond to Lender w•itl;in 30 days of the date <br />of such noi.iee, Lender is authorised to collect anef apply the proceeds :tt Lenders option either to restoration m <br />repair of the Fraporty or to the sums secured bi•-this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall <br />~. <br />