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200008826
<br />hazards, including floods or flood, for which Lender requires insurance. -This insurance shall be
<br />maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the
<br />insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably
<br />withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain
<br />coverage to protect Lender's rights in the Property in accordance with paragraph 5.
<br />b) All insurance policies and renewals shall be acceptable to Lender and shall include a standard
<br />mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,
<br />Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of
<br />loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
<br />loss if not made promptly to Borrower.
<br />c) Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to
<br />restoration or repair of the Property damaged, if the restoration or repair is economically feasible and
<br />Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's
<br />security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
<br />Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
<br />Property or does not answer within 30 days a notice from Lender that the insurance carrier has offered to
<br />settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or
<br />restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-
<br />day period will begin when the notice is given.
<br />d) Except as provided in subparagraph 3(e) below, should partial or complete destruction or damage
<br />occur to the Property, Borrower hereby agrees that any and all instruments evidencing insurance
<br />proceeds received by Lender as a result of said damage or destruction, shall be placed in a non - interest
<br />bearing escrow account with Lender. At Lender's discretion, Lender may release some or all of the
<br />proceeds from escrow after Borrower presents Lender with a receipt(s), invoice(s), written estimates(s) or
<br />other document(s) acceptable to Lender which relates to the repair and /or improvements of the Property
<br />necessary as a result of said damage and /or destruction. Absent an agreement to the contrary, Lender
<br />shall not be required to pay Borrower any interest on the proceeds held in the escrow account. Any
<br />amounts remaining in the account after all repairs and /or improvements have been made to the Lender's
<br />satisfaction, shall be applied to the sums secured by this Deed of Trust, Deed to Secure Debt, or
<br />Mortgage. Borrower further agrees to cooperate with Lender by endorsing all, checks, drafts and /or other
<br />instruments evidencing insurance proceeds; end any necessary documents. Should Borrower fail to
<br />provide any required endorsement and /or execution within thirty (30) days after Lender sends borrower
<br />notice that Lender has received an instrument evidencing insurance proceeds, or document(s) requiring
<br />Borrower's signature, Borrower hereby autorizes Lender to endorse said instrument and /or document(s)
<br />on Borrowers behalf, and collect and apply said proceeds at Lender's option, either to restoration or repair
<br />of the Property or to sums secured by this Deed of Trust, Deed to Secure Debt, or Mortgage. It is not the
<br />intention of either party that this escrow provision, and /or Lender's endorsement or execution of an
<br />instrument(s) and /or document(s) on behalf of Borrower create a fiduciary or agency relationship between
<br />Lender and Borrower.
<br />e) Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall
<br />not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the
<br />amount of the payments. If under paragraph 15 the Property is acquired by Lender, Borrower's right to
<br />any insurance policies and proceeds resulting from damage to the property prior to the acquisition shall
<br />pass to Lender to the extent of the sums secured by this Security Instrument.
<br />4. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit
<br />Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit
<br />impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of
<br />Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development,
<br />Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
<br />governing the condominium or planned unit development, the by -laws and regulations of the condominium
<br />or planned unit development, and constituent documents.
<br />5. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements
<br />contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects
<br />Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make
<br />such appearances, disburse such sums, including reasonable attorneys' fees, and take such actions as is
<br />necessary to protect Lender's interest.
<br />Any amounts disbursed by Lender pursuant to this paragraph 5, with interest thereon from the date of
<br />disbursal, at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of
<br />Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable
<br />upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 5
<br />shall require Lender to incur any expense or take any action hereunder.
<br />6. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the
<br />Property, provided that Lender shall give Borrower notice prior to any such inspection specifying
<br />reasonable cause therefore related to Lender's interest in the Property.
<br />7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
<br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu
<br />NE Deed of Trust Page 2 Loan Number: 172 8881216312/0006670718
<br />230792 nedeed (Rev 08, 9 -00)
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