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200200742 <br />coverag4 nn[ otherwise required by Lendep for damage In, or destruction oC, [he Prope,J,, such policy shall include a <br />standard mortgage clause and shall name Lender as mortgagee and /or as an additional loss payee. <br />In the ovenl.f loss, Borrower shall give prompt notice In the invnauce charier and Londe. Lender may make proof <br />.[loss ifnot made promptly by Borrower. Unless Lrn er and But otherwise agree in writing, any insurance proceeds, <br />whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of Property, if <br />the Iestoration or repair is economically feasible and Lender's wool try is not lessened. Dan ing such repair and restoration <br />period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspclioil shall. be undertaken <br />promptly. Lender Lilly disburse proceeds for the repairs and restoration in a single payment or in a seres of p r ogress <br />payments as the work is completed Unless an agreement is made in writing or App lea to Law requires interest to be paid <br />on such insurance proceeds, Lendershall not be required to pay Borrower any interest or earnings on such proceeds. Fees <br />for public adjusters, or other third parties, retained by Borrower shall not be paid out ofthe insurance proceeds and shall be <br />the sole obligation of Barower, Ifthe restoration or repair is not economically feasible or Lender's security would be <br />lessened, the insurance proceeds shall be applied to the sums seamed by this Security Instrument, whether or not then due, <br />with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section?. <br />If Borrower abandons the Property, Lender may file, negotiate and nettle any available insurance claim and related <br />models. Ifl3orrower does not respond within 90 days to a notice from Lender that the insurance tamer has offered Iu senlea <br />claim, their Leader may negotiate and settle the claim. 'the 30 -day period will begin when the notice is given. In either <br />event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lcnder (a) Borrower's <br />fights to any insurance proceeds in an amount I not to exceed the amounts unpaid under the Note or this Security Instrument, <br />and (b) any other oform e <br />Bwer' rights (other than the right to any refund ofuneartmed premiums paid by Borrower) under all <br />rva ranee policies covering the Property, insofar as such rights are applicable to the coverage ofthc Property. Lender may <br />use the insurance proceeds either to repair or restore the Properly or to pay amounts unpaid under the Note of this Security <br />Instrument, whether or not then due. <br />6. occupancy. [lot rower shall occupy, establish, and use tile Property as Bon'owcrsprincipal reslde)cewithin <br />60 days after the cscuu run ofttis Security Instrument and shall continue to occupy the Property as Borrower's principal <br />residence for at least one year ater the dale <br />of occupancy unless Lender otherwise agrees in writing, which consent shot] not Ire unreasonably within, Id, a unless <br />extenuating cirou n.,unces exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection ofthe Property; Inspections. Borrower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or coolant waste <br />on the Property Whether or not Burrower is residing in the Property, Borrower shall maintain the Properly in order to <br />prevent the Property from deteriorating or decreasing in value one in its condition. Unless it is delcrignen pursuaml to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Properly if damuged In <br />avoid further deterioration or damage. Ifinsuranee or condemnation proceeds are paid in connection with damage to, orthe <br />taking of, (lie Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for the repave and restoration in a single payment m'in a series <br />of progress payn)en(s as the work is completed. If the bran ance or condemnation proceeds ore not sit licienl to repair or <br />restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections ofthe Property _ Ifilhasreasonablecause, <br />Lender may inspect the Interior of the improvements on the Property. Lender shall girt Borrower notice at the lime ofor <br />prior to such in interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Burrower or any persons at emtilies acting at the direction of Borrower or will) Borrower's knowledge or consent gave <br />materially false, misleading, or inaccurate information or statements to Lender (or failed )o provide Lender with material <br />informat ion) in connection with the Loan. Material representations include, but are not limited to, representations concerning <br />Borrmvcr's occupancy ofthe Properly as But principal residence. <br />9. Protection of Lenders Interest in the Property and Rights Under this Securit Instrument, If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, )l ) there is a legal <br />P <br />roceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instnnaent(sudn <br />Is a proceeding in bankruptcy, probate, for condemnation or <br />over this Security Instrument or to cnfurce laws or regulation <br />may do and pay for whatever is reasonable or appropriate to <br />Security Instrument, including protecting and/or assessing I <br />Properly. Lender's actions can include, but are not limited m: <br />this Security Instrument; (b) appearing in court; and (c) po <br />Property and/or rights under Its Security Instrument, inctudl <br />the Property includes, but is not limited to, entering. the flop <br />and windows, drain cooler from pipes, eliminate building or of <br />turned on or off Although Lcnder may take action under this <br />duty or obligation to do so. It is agreed that Lender incurs no <br />lure, for enforcement of,, lien which may attain priority <br />-(c) Borrower has abandoned the Property, then Lender <br />of Lender's interest in the Property and rights under this <br />title ofthe Properly, and securing and /or repairing the <br />paying any sums secured by alien which has priority over <br />reasonable attorneys' fees to protect its interest in the <br />secured position in a bankruptcy proceeding. Securing <br />u make repairs, change Iocks, cc place or board up doors <br />ode violations or dangerous conditions, and have utilities <br />ion 9, Leader does not have to do so and is net under any <br />it), for nut taking guy or all actions authorized under this <br />oecuou v. <br />Any amounts disbursed <br />nt hall bear under this at th Section from tile idden a Borrower secured y this <br />Security Instrument. These amounts shell bear inleresr at the Note rate frmnlhc date of disbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />Ifthis Security insinuator is on a leasehold, Borrower shall comply with all the provisions ofthe lease. IfBOrrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required NJ In range Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain tie Mortggage Insurance in of ucl. If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to he available ti'om the mortgage insurer filar previously provided such <br />insurance and Borrower was required to make separately designated payments toward the preamors for Mortgage Insurance, <br />Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage hog'anec previously <br />in deal, at a cost substantially equivalent to the cost to Borrower ofthe Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Lender. ICsubstan[ially equivalent Mortgage Insuronce coverage is not available, <br />Borrower shall continuem payto Leader the amount ofthe separately des ignored payments flint were duewhenthe illoolo e <br />coverage ceased to be in effect. Lender will accept, use and retain these payments as o non- refimdable loss reserve in lieu of <br />Mortgage Insurance. Such loss reserve shall be Lion- refundable, notwithstanding lire fact (flat the Loan is ultimately paid in <br />full, and Leader shall not be required to pay Botrower any interest or Comings on such loss reserve. Lender can no longer <br />require loss reserve psynents if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated <br />payments toward the premiums for Mortgage Insurance- If Lcnder required Mortgage Insurance as a condition ofmalang the <br />Loan and Borrower was required to make separately designated paymems toward the premiums for Mortgage Insuronce, <br />Borrower shall pay the premiums required m maintain Mortgage Insurance in effect. or to provide a emu- refundable loss <br />reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agieenhenl between <br />Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Leader (or any entity that purchases the Note) &r 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 />NEmiASKA -Said, F:nnily- Fannie Mae /Freddie Mae TWIFORM INS'FILUNIENT Form3028 INII (page 4 oJ811,11) <br />9754CV0101) GlllLl <br />