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900008637 <br />the Property as Borrower's principal residence for at least one year after the date of occupancy, unless <br />Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br />extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage <br />or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall <br />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 <br />created by this Security Instrument or Lender's security interest. Borrower may cure such a default and <br />reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling <br />that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property <br />or other material impairment of the lien created by this Security Instrument or Lender's security interest. <br />Borrower shall also be in default if Borrower, during the loan application process, gave materially false or <br />inaccurate information or statements to Lender (or failed to provide Lender with any material information) <br />in connection with the loan evidenced by the Note, including, but not limited to, representations <br />concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is <br />on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to <br />the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and <br />agreements contained in this Security Instrument, or there is a legal proceeding that may significantly <br />affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or <br />forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to <br />protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying <br />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 <br />under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower <br />secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these <br />amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with <br />interest, upon notice from Lender to Borrower requesting payment. <br />8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan <br />secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage <br />insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or <br />ceases to be in effect, Borrower shall pay , the premiums required to obtain coverage substantially <br />equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to <br />Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by <br />Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to <br />Lender each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by <br />Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain <br />these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be <br />required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that <br />Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. <br />Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss <br />reserve, until the requirement for mortgage insurance ends in accordance with any written agreement <br />between Borrower and Lender or applicable law. <br />9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. <br />Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for <br />the inspection. <br />10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender. <br />Form 3028 9/90 (page 4 of 8 pages) <br />GMD 0172 (1293) <br />