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200206453 <br />coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, 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 event ofloss, Borrower shall give prompt notice to the inswance car, er and Leader. Lender may make proof <br />of loss fruit made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, anyinsuranceproceeds, <br />whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair ofthe Property, if <br />the restoration or repair is economically feasible and I coder's security is not lessened. During such repair and restoration <br />period, Lender shut the right to hold such insurance proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been earn ced to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress <br />payments as the work is completed. Unlessan agreement is made in writing or Applicable l ace requires interest to he paid <br />on such insurance proceeds, Lender shall 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 Borrower. If the reshnation or repair is not economically feasible or Lender's security would be <br />lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, <br />with the excess, ifany, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 days to a notice from Lender that the inswance carrier has offered w settle a <br />claim, then Lender may negotiate and settle the claim. the }D-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 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 unearned premiums paid by Borrower) under all <br />insurance policies covering the Property, insofar as such rights are applicable to the coverage ofthe Property. Lender may <br />use the insurance proceeds tither to repair or reslure the Properly or to pay amounts unpaid under the Note or this Security <br />Instrument, whether m not then due. <br />6. Occupancy. Bromwershall occupy, establish, and use the Property as Borrower's principal residence within <br />60 days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br />residence for at least one year after the date <br />of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably witltlield, or unless <br />extenuating circumstances 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 commit waste <br />on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to <br />prevent the Property from 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 Property if damaged to <br />avoid Former deterioration or damage. Ifinsurance or condemnation proceeds are paid in connection with damage to, or the <br />taking of, the Property, Burrower shall be responsible for repairing of restoring the Property only if Lender has released <br />proceeds forsuchpurposes. Lender may disburse proceeds for the repairs and restoration in asingle payment or in a series <br />o( progress payments as the work is completed. Ifthe insurance or condemnation proceeds are not sufficient to repair or <br />restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lendcr or its agent may make reasonable enn'ies upon and inspections ofthe Property. If it has reasonable cause, <br />Lender may inspect the intenar of the improvements on the Property. Lender shall give Borrower notice at the time of or <br />prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower'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)m connection with the Loan. Material representations include, but are not limited to, represenhdions concerning <br />Borrower's occupancy ofthe 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 Instrument, (b) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or nights under this Security Instrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement ofa lien which mayattain priority <br />over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay for whatever is reasonable or appropriateto protect Lender's interest in the Propertyand rights under this <br />Security Instrument, including protecting and/or assessing the value of the Property, and secmnng and /or repairing the <br />Property. Lender's actions can include, but ate not limited to: (a) paying any sums secured by a lien which has priority over <br />this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the <br />Property and/or Ti FIT is under this Sec only Instrument, me luding rls sec urea position in a bankrup icy proceeding. Severing <br />the Property includes, but is not limited to, entering the Property to make repairs, change locks, rep lace or board up doors <br />and windows, drain water from pipes, eliminate tin ding or other code violations or dangerous conditions, and have utilifics <br />turned on or oft 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 mnowrts disbursed by Lender under this Section 9 shall become additional debt ofBarrower secured by this <br />Security Instrument. 'These amounts shall bear interest at the Note rate from the date ofdisbursement and shall be payable, <br />with such interest, upon notice from Lender to Bon'ower requesting payment. <br />Ifthis Security Instrument 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 mcrgerin writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition at making the Loan, <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 Lender ceases to be available from the mortgage insurer that In 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 substantially equivalent to the Mortgage Insurance 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 iitset er selected by Lender. Ifsubstantiallyequivalent Mortgage Insurance coverage is not available, <br />cover age ceased to be to erect Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of <br />Mortgage Insurance..Stich lass reserve shall be two-re fin dable, notwithstanding the fact that the Loan is ultimately paid in <br />full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender 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 Lender again becomes available, is obtained, and Lender requires sepm'alely designated <br />payments toward the premiums for Mortgage Insurance. IfLender required Mortgage Insurance as a condition ofmaking the <br />Leon it Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refimdable loss <br />reserve, until Lender's requirement for Mortgage Insurance 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 interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may mart if <br />Borrower does not repay the Loan as agreed. Borrower is not a pasty to the Mortgage Insurance. <br />N'CRRASRA- -Sir,e Family— FamlleMae/Frednle Mac UN I FORM INSTRUMEN I Form3O28 1 /01 oc,ee4ofdpages) <br />9b9 llv(112) (.0 .1,, <br />GOTO(OW2374e) <br />