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200304613 <br />s fps^ ": ,W **, . <br />7. Preservation, Maintenance and Protection of the Property{ Inspections. Borrower shall not desUOy, damage or <br />impair the Property, allow the Property to deteriorate or commit waste on [it Property. Whether or not Be rrower is residing in <br />the Property, ormwer'shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value <br />due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, <br />Bormwer shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for <br />repairing or restoring the property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for <br />the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or <br />condemaation proceeds are not sufficient in repair or restore the Property, Borrower is not relieved of Borrower's obligation <br />for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and Inspections of the Property. If it has reasonable cause, <br />Lender may inspect the Interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior <br />to such an interior inspection specifying such reasonable cause. <br />S. Borrower's Loan AppBcadon. Borrower shall be in default if, during the Loan application process, Borrower or <br />any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, <br />misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in <br />connection with the Loan. Material representations include, bra are not limited to, representations concerning Borrower's <br />occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails <br />to perform the covenants and agreements contained in this Security . Instrument, (b) there is a legal proceeding that might <br />significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in <br />bankrupmy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and /or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) <br />appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights Under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not <br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from <br />pipes, eliminate budding or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender <br />may take action under this Section 9, Lender does tot have to do so and is not under any duty or obligation to do so. It is <br />agreed that Leader incurs no liability , for art taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender Under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. These =on= shall bear interest at the Now rate from the date of disbursement and shall be payable, with <br />such interest, upon notice from Lender to Borrower requesting payment... <br />If this Security Instrument is on a leasehold; Borrower shall comply with all the provisions of the lease. If Borrower <br />acquires fee title to the Property, the leasehold and the fee title shall an[ merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall . <br />pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage <br />required by Lender ceases to be available from the mortgage insurer than previously provided such insurance and Borrower was <br />required to make separately designated paymens toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, a a cost <br />substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage <br />insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to <br />pay to Under the amount of the separately designated payments that were due when the insurance coverage ceased to be in <br />effect. Leader will accept, use and retain these payments as a ¢u¢- refundable loss reserve in lieu of Mortgage Insurance. Such <br />loss reserve shall be non-refundable, notwithstanding the fact that die Loan is ultimately paid in full, and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Lender cart an longer require loss reserve payments if <br />Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Leader <br />again becomes available, is chinned, and Leader requires separately designated payments toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required or make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to pmvide a non - refundable loss reserve, untit Leader's requirement for Mortgage <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or =it <br />termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate <br />provided in the Note. <br />Mortgage Insurance reimburses Lender (or my emiry that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgage Insurance. - <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that shale or modify their risk, or reduce losses. These agreements are on terms and conditions <br />that are satisfactory to the mortgage insurer and the other party (or panics) to these agreements. These agmemems may require <br />the mortgage insurer to make payments using any source of funds that the mortgage insurer may, have available (which may <br />include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any rei enter, any other untily, or <br />any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. if such agreement provides that an affiliate of Lender takes a share of insurer's risk in exchange for a <br />share of the premimms paid to the insurer, the arrangement is often termed "captive reinsurance." Pusher: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to gay for Mortgage Insurance, or <br />any other terms of the Loan. Such agreements will not increase the amount Borrower rot owe for Mortgage Insurance, <br />and they will not entitle Borrower to my refund. <br />(b) Any such agreements will not affect the rights Borrower has- -ff any —with respect to the Mortgage Insurance <br />under the Homeowners Protection Act of 1998 oraup &her lap; These rights 'maf filiclnde the rii!tt to receive certain <br />disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated <br />automatically, and /or to receive a refund of my Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds am hereby assigned to and shall <br />be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and lender's security is not lessened. During such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Leader has had an opportunity to insppyect such Property <br />to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be unitettaken promptly. <br />Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid oa such Miscellaneous <br />Proceeds, Lender shall trot be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lenders security would be lessened, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied <br />to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />NER Sym—, Im le Family —Fen We I NE 8 /edNe Mec UNIFORM INSTRUMENT ` I;` Form 3 <br />&fkm Syneme, Irc., S. CIwE, MN Po,m Mp-0 NE 8/1]I0000 (jmge 4 of ]ftlg(J) I,yv�;1:,p/— <br />