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""- RECORDe 2 <br />200206237 00205703 <br />coverage, not otherwise required by Lcndcr, for damage lo, or destruction of, the Property, such policy shall include a <br />standard rnorlgage clause and shall name Lender as mortgagee and /or as an additional lase payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Leader may mike proof <br />of loss if not made promptly by Borrower Unless Lender and Borrower 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 the Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened During 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 />Properly to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress <br />paymanlsas the work scoripleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid <br />on such insurance proceeds, Lender shall not be required to pay Burrower any interest or earnings on such proceeds. Fees <br />for public adjusters, or other third parties, retained by Borrower Shall not be paid out of the insurance proceeds and shall be <br />the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be <br />Icsscncd, the insurance proceeds shall be applied to the sums secured 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 2 <br />ICBorrower abandons the Property, Lender Wray file, negotiate and settle any available insurance claim and related <br />..ratters. If Borrower does not respond within 30 days to a notice from Lender tlmuhe insurance carrier has offered to settle <br />claim, then Lcndcr may negotiate and settle the cluim. The 30 -day period will begin when the notice is given In either <br />event, or if Lender acquires the Property Linder Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's <br />rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, <br />and (b) any other of Borrower's rights (other than the right to any refund of ur e'amed premiums paid by Borrower) under all <br />insurance politics covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may <br />use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within <br />60 days after the execution of this Security IIStIUIUent and shall continue to occupy the Property as Borrower's principal <br />I esidence for at least one year after the date <br />of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br />extenuating circumstances exist which are beyond Borrower's control_ <br />7. Preservation, M am ten ance and Protection of the Proper try ;Inspections. Borrower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste <br />on the Property. Whether or not Burrower is resding in the Property, Borrower shall maintain the Property in order to <br />prevent the Property fiour deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the It if damaged to <br />avoid further ddcrimutual or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the <br />taking of, the Property, Borrower shall be responsible for repairing or resluring the Property only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series <br />of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or <br />Texture 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 UCdte PIUPeiy. [fit has reasonable cause, <br />Lcndcr stay inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time ofor <br />prior to such an interior inspection .specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in del6alt iL during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Rorrower's knowledge or consent gave <br />materially false, misleading, or inaccurate Information or statements to Lender (or failed to provide Lender with material <br />information) in connection with the loan. Material representations include, butare not limited M, representation concerning <br />Borrower s 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 <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Inslmntenl, (b) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instmment(such <br />as a proceeding in bankruptcy, probate, for condemnation or forficiturq fur enforcement of u lien which stay attain ptiorily <br />over this Security Instrument or to enforce lases or regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay for whatever is reasonable or appropriate to protect Leader's interest in the Properly and rights under this <br />Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the <br />Property . Lender's actions can include, but are not limited to: (a)paying any s'urns secured by a lieu which has Pllol'Ityaver <br />this Security Instrument; (b) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in the <br />Property and /or rights under this Security Instrument, including its secured position in a bankruptcy proceeding Securing <br />the Property includes, but is not limited to, entering the Properyto make repairs, change locks, replace or board up doors <br />and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities <br />turned on m o1F. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any <br />duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this <br />Section 9. <br />Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower secured by this <br />Securitylustrmnenl. These amounts shall bear interest at the Not e rate from the date of disbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />ICthis Security InstmLucia 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 tide shall not merge unless Leader agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Lomi, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by !.ender ceases to be available hoar the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to obtain coverage substantiallyequivalent to the Mortgage hisurance previously <br />in effect, at a cost substantially equivalent to the cost to Borrower ofthe Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Leader. ICSUbslantially equivalent Mortgage Insurance coverage is not available, <br />Borrower shall continue to pay to Leader the amount ofthe separately designated payments that were due when the insurance <br />coverage ceased to be in effect, lender will accept, use and retain these paymcnle as a non- mCandable lass reserve in belief <br />Mortgage Insurance. Such loss resetve shall be non- refundable, notwithstanding the fact that the Loan is ultimately paid in <br />hill, and Lender shall not be required to pay Borrower any interest or earnings on such loss rescrvc. Lcndcr can no longer <br />require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by finder again becomes available, is obtained, and Lcndcr requires scparatcly dcsignatel <br />payments towtedthe prenrimns for Mortgage Insurance H Lenderrequired Mortgage lnsuranceasacondinonofmaldngthe <br />Loan and Borrower was required to make scparatcly designated payments toward the premiums for Mortgage Insurance, <br />Borrower strait pay the premiums required to maintain Mortgage Insurance in effect, or m provide a non- reftlndable loss <br />der's <br />reserve, until Len requirement for Mortgage Insurmtce ends in accordance with any written agreement 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 iatereSl at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Burrower is not a party to the Mortgage Insurance. <br />NPHRAsKn Faoni, Mae /Freddie lilac UNIFORM INSTRUMENT Form3038 I /01 fpage4g8,agoo <br />9954 CV (I 0c) 131158, <br />oo ro(000323dr <br />