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200400766 <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by <br />Lender; provided that such approval shall not be unreasonably withheld. It is required that the insurance <br />carrier hold a Policyholders Rating of at least B+ as set forth in the most current issue of Best's Key Rating <br />Guide for property and casualty companies. All premiums on insurance policies shall be paid in the <br />manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower making payment, <br />when due, directly to the insurance carrier. <br />In the event any policy is not renewed on or before ten (10) days of its expiration, the Lender, to <br />protect its interest, may procure insurance on the improvements, pay the premiums and such sums shall <br />become immediately due and payable with Interest at the rate set forth in the Note until paid and shall be <br />secured by this Security Instrument. Failure by Borrower to comply may, at the option of Lender, <br />constitute a default under the terms of this Security Instrument. <br />All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include <br />a Lender's loss payable endorsement/standard mortgagee clause in favor of and in form acceptable to <br />Lender, shall provide that the policies may not be canceled, modified, or not renewed except upon the <br />giving of at least thirty (30) days prior written notice to Lender, and shall also provide that any losses shall <br />be payable to Lender and Borrower, as their respective interest may appear, notwithstanding (i) any act, <br />failure to act or negligence contained in such policy by any named insured, (ii) the occupation or use of the <br />Property for purposes more hazardous than permitted by the terms thereof, (iii) any foreclosure or other <br />action or proceeding taken by Lender or foreclosure pursuant to any provision of this Security Instrument, <br />or (iv) any change in title or ownership of the Property. Lender shall have the right to hold the policies and <br />renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of said <br />premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. <br />Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to <br />restoration or repair by Borrower of the Property damaged, provided such restoration or repair is <br />economically feasible and the real and personal property covered by this Security Instrument is not thereby <br />impaired. In the event of restoration or repair, the insurance proceeds shall be held in escrow by Lender <br />and disbursed to Borrower as construction is completed and Borrower's contractors are paid. If such <br />restoration or repair is not economically feasible or if the real and personal property covered by this <br />Security Instrument would be impaired, the insurance proceeds shall be applied to the sums secured by this <br />Security Instrument, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, <br />or if Borrower fails to respond to Lender within thirty (30) days from the date notice is mailed by Lender to <br />Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to <br />collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or <br />to the sums secured by this Security Instrument. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to <br />Principal shall not extend or postpone the Due Date of the Installments referred to in Paragraphs 1 and 2 <br />hereof or change the amount of such Installments. If under Paragraph 23 hereof the Property is acquired <br />by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the <br />proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender <br />to the extent of the sums secured by this Security Instrument immediately prior to such sale or acquisition. <br />6. PRESERVATION AND MAINTENANCE OF PROPERTY; LEASEHOLDS; <br />CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Borrower shall keep the Property in good <br />repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply <br />with the provisions of any lease if this Security Instrument is on a leasehold. If this Security Instrument is <br />on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's <br />obligations under the declarations or covenants creating or governing the condominium or planned unit <br />development, the by -laws and regulations of the condominium or planned unit development, and constituent <br />documents. If a condominium or planned unit development rider is executed by Borrower and recorded <br />together with this Security Instrument, the covenants and agreements of such rider shall be incorporated <br />into and shall amend and supplement the covenants and agreements of this Security Instrument as if the <br />rider were a part hereof. <br />7. COMPLIANCE WITH LAWS; HAZARDOUS MATERIALS. Borrower shall keep the <br />Property in compliance with any and all applicable federal, state and local laws, ordinances and regulations <br />relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but <br />not limited to, soil and ground water conditions (collectively the "Environmental Laws "). Borrower shall <br />not use, generate, release, manufacture, store or dispose of on, under or about the Property, or transport to <br />or from the Property, any flammable explosive, radioactive materials, asbestos, petroleum or petroleum <br />products, hazardous wastes, toxic substances or related materials, including, without limitation, any <br />K] <br />