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200006436 <br />5. Hazard or Property Insurance. Trustor shall keep the improvements now existing or hereafter erected on the _ <br />Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, includinj <br />floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods <br />that Lender requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to Lender's approval <br />which shall not be unreasonably withheld. If Trustor fails to maintain coverage described above, Lender may, at Lender's <br />option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender <br />shall have the right to hold the policies and renewals. If Lender requires, Trustor shall promptly give to Lender all receipts of <br />paid premiums and renewal notices. In the event of loss, Trustor shall give prompt notice to the insurance carrier and Lender. <br />Lender may make proof of loss if not made promptly by Trustor. <br />Unless Lender and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the <br />Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration <br />or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds may, at the option of the <br />Lender, be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Trustor. <br />If Trustor abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has <br />offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when <br />the notice is given. <br />Unless Lender, Trustor and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. <br />If under paragraph 21 the Property is acquired by Lender, Trustor's right to any insurance policies and proceeds resulting from <br />damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />Instrument immediately prior to the acquisition. <br />6. Occupancy, Preservation, Maintenance and Protection of the Property; Trustor's Loan Application; Leaseholds. <br />Trustor shall occupy, establish, and use the Property as Trustor's residence and shall continue to occupy the Property as <br />Trustor's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, <br />which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Trustor's <br />control. Trustor shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the <br />Property. Trustor shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's <br />good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security <br />Instrument or Lender's security interest. Trustor may cure such a default and reinstate, as provided in paragraph 18, by <br />causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture <br />of the Trustor's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's <br />security interest. Trustor shall also be in default if Trustor, during the loan application process, gave materially false or <br />inaccurate information with respect to this Security Instrument, such as false representations concerning Trustor's occupancy <br />of the Property as a residence. <br />7. Protection of Lender's Rights in the Property. If Trustor fails to perform the covenants and agreements contained <br />in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a <br />proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and <br />pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may <br />include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying <br />reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this <br />paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt secured by this Security <br />Instrument. Unless the Trustor and Lender agree to other terms of payment, these amounts shall bear interest from the date <br />of disbursement at the Note rate and shall be payable, with interest upon notice from Lender to Trustor requesting payment. <br />8. Mortgage Insurance. Lender has not required mortgage insurance as a condition of making the loan secured by this <br />Security Instrument. <br />9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Trustor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and <br />shall be paid to Lender. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of <br />the Property or to the sums secured by this Security Instrument, whether or not then due. <br />Unless Lender, Trustor, and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />11. Trustor Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender shall not operate to release the liability of the <br />Borrower or the obligations and security of the Trustor under this Security Instrument. Any forbearance by Lender in <br />exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound, Joint and Several Liability, Co- signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Trustor, subject to the provisions of <br />paragraph 17. Trustor's covenants and agreements shall be joint and several. The Trustor agrees that Lender and the <br />Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of the Note without <br />Trustor's consent. <br />13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection <br />with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce <br />the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be <br />refunded to Borrower. <br />