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80-- OG~212 <br />I( under Paragraph tl harm! the Property is sold or Ifrt Prgper!y is otherwise arquir ] by lender, ! oracles shat( apply, no <br />later than erm,wgiatety prior to the sale of the Property or its xquisrtian by Lender, any Funds held try Lender at the time of <br />appliotion as a credit against the starts securer! by this ttortgage- <br />3. Apptiution of PaymeMS. UMess applicable taw prvvitles otherwise, all payments receivetl by Lender order the rCOte and <br />Paragraphs 1 and Y harms shall be applied by fender first in payment of amounts payable to Lender try Borrower trader Paragraph <br />2 harms, Uwe to interest payable on the Nose, antl then to the Principal of ttte Note. <br />Charges; Liern. Borrower shag p#y all taxes, assessments and other charges, fines and impositions attributable to the <br />Property which may attain a priority over this Mortgage, at Lsntler's option in the maracas providaO radar Paragraph 2 hereof <br />or by Borrower making payment, when due, directly fo the payee thereof, Borrower shalt promptly famish to Lender all notiPas <br />of amstm[s due under this Paragraph and, en the avers Borrower shall make WYment directly, Borrower shalt promptly fumisft <br />to Lmtler receipts evidencing such payme:.is. - shall premptiv discharge env lien which has oriorttY over this Wrtgaga; <br />providetl that the Bor shall rroi be required b discharge anY suds Lien so long as Borrower shall agree in writing <br />to the payment of itte obligation s red by such hen i attxptable to Candor, shall in gootl faith contest <br />such teen by, r defers enforcement of such lien i legal proceedings which operate to prevent the erfortxment of the <br />lien or forfeiture of the Property o any part dmregf. <br />5. Hazartl Iris Borro rshail keep the irrtprov fisting ar hereafter erected on tfw Property incased <br />against toss Dy fire arse included within the term "eriended co erage" antl such gefier hazards as Lender may regal a find <br />uch atMtmis and for such peritMS as Larder tray require; provided that LeeWer shell not require that the amount of such <br />c erage excess that amount of coverage requi2d to pay the sums seruretl by this Mortgage. <br />ovTiw in a carrier provitling the in shalt be ctmsen by Borr w r subjett [o approval by lender; providetl, that <br />uch approval shall not be unreasarrably withheld. Ail premiums on lnsuran a policies shall be paitl by Borro making pay- <br />ment, when due, directly to the in ' <br />F All insurance policies arts renewals ihermfrzhall be in form acceptable to Lender and shall include a standard mortgagee clause <br />n favor of and in form x<eptable to Lender. lender shall have the right to hold the policies and renewals iherpof, antl Borrower <br />shall propptly furnish to Lender all re cast notices, the polities and any re wale thereof and all receipts of paid premiums. <br />in [he event of loss, Borrower shalt gi a prompt notice to the insurance earner and lender, and Lender may make prmf of loss- <br />i( trot made promptly by Borrower. <br />y~ in the event of a loss, the amounts mlleaed shall be payalsle to the Lender antl ai the option of the Lender may be used in any <br />one or more of the foilow•ing ways: { i l applietl upon [he Indebtedness secured hereby whether such Indebtedness be matured <br />rtaturetl; l2) sod to fulfill any of :fK covenants contained herein as the L€nder may determine;' (3J used to replace ar <br />estore the Property to a <ontlition satisfactory to LerWer; or fu) release the s me to the Borrower. Such application of pracwds <br />to the Intlebletlness shall not extend or postpone the hue date of the monthly installments referred to in Paragraph t hereof or <br />change the amount of such insullmen[s. If under Paragraph it hereof [he Property is acquired by Lender, all right, title antl <br />interest of Borrower in and in any in race policies and in antl M the proceeds therm( resulting (ram damage to the Property <br />prior to the sale qr acquisition shall pass to Lentler to the extent of the sum senured~by this Mortgage immediately prior to such <br />safe or xquisi Lion. <br />S. Preservation arW Maintenance of Property. Borrower shall keep the Property in good repair and shall not permit ar <br />commit waste, impairment, or deterioration of the Property and shall comply with any restrictions affecting [he Property. <br />l- Protection of Lerxler's Smuri[y. i( Borrower fails to perform the covenants and agreements contained in this Mortgage, o <br />if any action or proceeding is mmm cod which materi shy affects Lender's interest in the Property, including but not limitetl to, r <br />oral domain, i solvency, code enforcement. or angements or pro entlings nvnly ing a bankrupt cr decedent, flan Lmtler, <br />al Lentler'z optionn upon notice ro Borrower, may make serch appearances. disburse such z and taM.e such attion as is <br />ary to protect Lender's interest, including but no[ limited to .isburs€m€nt of r noble attorney's tens and entry upon <br />the Property to make sepal Any amounts disbursetl by LerWer pug ant to this Paragraph ]with interest thereon shall Eemme <br />addf[ional Indebtetlness et Borrower secured by this Mortgage [o the extent permitted by applicable law. Unless Borrower antl <br />Lender agree to ether terms of payment, such artmunts shall be payable upon notitt~ from Lender [o Borrower requesting payment <br />thermF, and 'shall bear Interest from the date of cl%sburs¢m«nt at the rats of CO't. unless oagmnnt of interest at such rate would be <br />onirary tv applicable law, in which event such drmunts shall bear interest at the fugh¢st rate permissible by applicable law. <br />Nothing contained ~n this Paragraph 'r shall require Lender tv incur any expensx or dv any act hereunder. <br />J. Inspection. Lender may make or cause tv be made reasonable entries upon and inspections of the Property. <br />3. Coridemnatlon. Borrower ogre s That ail a Ards heretofore nr herraher matle by a y puhi~c or quasi-public authority to <br />the present arM ail Subsequent owners of [he Property roveretl by t; s Martgaye L+y vi rtuctut an exercise of the right of eminent <br />soma n by s authority, nciuding any awartl Ra a caking of titie,f pusses sloe or r ,ht .^.! a•;c-ass to a public way, a any <br />change oI grade of streets affecting Said Property ra c horehy a zlgneci to the Lvndnr; and the Lender ai its option is Fwreby <br />aUihorized, a acted and empoweratl to collect ahd r € the proceeds of . _uch a res rro au making <br />the same and m give proper receipts and acquittances[ therefore. and ram}', at ~tlm Lenders>[ election, a uch prtteeds n any one <br />e ai the following ways' (li apply the same or a y part iher€nt epee the Intlehtednesc ~e uretl hereby, whether Sgch <br />I ndnbinlness then be matured o matured. 121 . e the s any part thereof to tultdi any of the c e ants contained herein <br />as the Lender may determine; (3)u u e the s r y part thereof In repute or restore tn¢ Property to a condition satis(xtory <br />to the Lender: or {43 release the same In lee 8ororow'er; and ttw Borrower her'nby covenants and agrees to and with the Lender, <br />upon request by the Lender. Lo make, a cute, and deliver any and all ass.gnmenls and other imtruments sufficient tar the purpose <br />of assigning all such a ands to the Lander free, clear, anJ discharged of any and all a mbrances ul any kind or nature whalso- <br />The application of such proceeds tv the Indebtetlness shall not extend yr poatpor cache due date of the monthly installments <br />referred Eo in Paragraph t hereof or change the a oral of such imtallm¢nts. <br />10. Bor- r Not Rete+setl. E aloe of the [ me for paymrnl or mptihceunn or ortizallon of the s used by this <br />Mortgage granted by Lender tp 8orruwer oor Lo any s r interest of Borrower shall not operate to release` i any m <br />the iiabilily of the original Borrower a d Borrower su ea r i in[oresl. ..ender shall net be requirerJ to commence proceedings <br />against such successor, to refuse to or to extend timestorcpayment~ a otherwise m mvdily a ortizetion of the sums secured by this <br />Mortgage by r of any demand rrzade by the original Borrower ur Borrower''s interest. <br />I1. Forebearance by Lender rvot a Waiver. Any forebearance Icy Lender ~n S~gsany riyht or remedy h nunder, v <br />otherwise afforded by applicable law, shall not be a ~ of or preclude the exercise of any right or remedy her untler. The <br />proturenwnl of insurance or the paym.:nt o/ taxes o other liens o cnarges try lender shall not de a waver of Lender's right tg <br />a celerale the. maturity of the Indebtedness secured by this Mortgage. <br />c 12, Remedies Gumulahve All remedies provided in This Mortyage one dlsun 2 and cumulative lv any ottwr right or remedy <br />untler this Mortgage or affgrdeJ by law ur equity, end Inay bra exercised concurrently, indepentlenlly, o essivnly. <br />11. Successors and Assi ns Bound; Joint and 5¢v_I LIaU~lit Ce lions- The covenants and ayrmmenls herein contained <br />~_ ~~_._.n.__ .....__ _. __ ~ X__._p___.. <br />shall bind scut the rtghls bereuntler shill in a to the resp¢c'tive s and s signs of Lender and Borrower. All c ants <br />and agreements of Borrower shalt be )rant and severe!. The captions and icadings pf Use Paragraphs of this Mortgage aroe for <br />convenience only and are not m b< used to interpret or define the provisions hereof. In the event the ownership of the Property <br />any part thereof became astnd in a person rather than the Borrower. tiw Land€r may Anal with such successor or successors <br />interest with roferenra to ffriz Mortgage and the ~nd¢btedness hereby secured in the soma manner as with the borrower without <br />~n any nattner vitiating ar tlischarging the Borrower's liability h¢rreunder ur upon ttte Indebtetlness hereby secured; antl in the <br />atternalive, at the option of the Lender, Lender may declare that the unpaid Valance of tlw Indeblecinnss Is immeclialely due and <br />payable. <br />t4. Notice. Any notice frpm Lander /o earrowvr prus•i dad for in this Martgaga shall be by certified mail to 8prrgwer at the <br />Property address slated below or al such address as Bm'row¢r' may designate to Lender by certified mail lv Lender's address, <br />except for any notice given to Borrower in Um manner prescribed by applicable law as provided In Paragraph I; of this Mortgage, <br />15. Uniform Morlgatte: Governing Law; SeverabililY. This form of Mortgage combines uniform covenants for national use <br />and n niform ants with limited v lotions by jurisdiction tv constitute a uniform security instrument coverting real <br />properlyu This Mortgage shaft be governed by uf¢ law of the jurisdiction In which the Properly is located. In the avant that any <br />provision or clause gf this Mortgage or the Nole mnfticls with apVlicable law, such conflict shall not affect other provisions of <br />this Mortgage or the Note wtdch can be glued ¢ffec: without the conR feting provision, and to This end the provisions of this <br />Mortgage and the Note are declared io be s table. <br />16. Borrower's Capy. Borrower shall b¢ tarnished a conformetl copy of this Morlgape at the time u( execution or after <br />recordatign hereol. <br />