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20120277� <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the <br />right to grant and convey the Property and that the Property is unencumbered. Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to any <br />encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform <br />covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. <br />iJNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest. Bonower shall pay when due the principal of, and interest on, <br />the debt evidenced by the Note. <br />2. Payment of Property Charges. Borrower shall pay all property charges consisting of ta.xes, ground <br />rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall <br />provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from <br />monthly payments due to the Borrower or by charging such payments to a line of credit as provided for <br />in the Loan Agreement. <br />3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, <br />whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, <br />including fire. This insurance shall be mainta.ined in the amounts, to the extent and for the periods <br />required by Lender or the Secretary of Housing and Urban Development ("Secretary"). Borrower sha11 <br />also insure all improvements on the Properiy, whether now in existence or subsequently erected, against <br />loss by floods to the extent required by the Secretary. All insurance shall be carried with companies <br />approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include <br />loss payable clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of <br />loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and <br />directed to make payment for such loss to Lender instead of to Borrower and Lender jointly. Insurance <br />proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is <br />economically feasible and Lender's security is not lessened. If the restoration or repair is not <br />economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied <br />first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by <br />the Secretary on the Property and then to the reduction of the indebtedness under the Note and this <br />Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding <br />indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled <br />thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that <br />extinguishes the indebtedness, all right, title and interest of Bonower in and to insurance policies in <br />force shall pass to the purchaser. <br />4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br />Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Bonower's <br />principal residence after the execution of this Security Instrument and Borrower (or at least one <br />Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as <br />Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have <br />the same meaning as in the Loan Agreement. <br />Bonower shall not commit waste or destroy, damage or substantially change the Property or allow the <br />Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if <br />Borrower, during the loan application process, gave materially false or inaccurate information or <br />statements to Lender (or failed to provide Lender with any material information) in connection with the <br />loan evidenced by the Note, including, but not limited to, representations concerning Borrower's <br />occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, <br />Borrower shall comply with the provisions of the lease. If Borrower acquires fee ritle to the Property, the <br />leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. <br />5. Charges to Borrower and ProtecNon of Lender's Rights in the Property. Borrower shall pay all <br />governmental or municipal charges, fines and impositions that are not included in Paragraph 2. <br />Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure <br />to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall <br />promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any <br />lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c). <br />If Borrower fails to make these payments or the property charges required by Pazagraph 2, or fails to <br />perform any other covenants and agreements contained in this Security Instrument, or there is a legal <br />proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in <br />Page 2 of 8 HECM First Deed Of Trust <br />