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200207833 <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 Under as mortgage: and/or as an additional loss payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender maymake proof <br />of loss if not made promptly by Borrower. Unless Icndcr and Borrower otherwise agree in writing, any insurance proceeds, <br />whcthcr err nut lire underlying insurance was required by lender, shall be app] led to restoration or repair of the Property, if <br />the restoration or repair is economically feasible and Iender's security is not lessened. During such repair and resinsaton <br />period, Icndcr 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 in Lender's satisfaction, provided that such inspu aiou shall be undertaken <br />promptly. Under 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. Unless an agreement is made in writing or Applicable luw mquires interest h1 be paid <br />on such insurance proceeds, Under shall not be requited to pay Burrower any interest or earnings on such proceeds. Pees <br />for public adlusters, 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 />lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whcthcr or not then due, <br />with the excess, if any, paid to Burrower. Such insurance pecceeds shall be applied in the order provided form Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower dues nut respond within 30 days to a notice 77, in Lender that the insurance carrier has offered to scale <br />claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either <br />event, or if T ender 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 Nom or this Security Instrument, <br />and (b) any other of Borrower's rights (other than die 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 of the Property. Lender may <br />use the insurance proceeds either to repair or res tore, the Property or to pay amounts unpaid under the Now 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 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 withheld, or unless <br />extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the 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 ecnomically feasible, Borrower shall promptly repair the Property ifdamaged to <br />avoid fhriher deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage Juror ale <br />taking of, the Property, Borrower shall be responsible far repairing or restoring 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 />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 of the Property. If it has reasonable cause, <br />Icndcr may inspect the interior 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 Ivan 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 />informat ion) in connection with the Loan Material representations include, but we not liiri to,representationsconcerning <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 Instrument, (b) there is a legal <br />pr(: cdting that might signiticantly affect Lender's interest in the Property and/or rights under this See any Insvwnent(such <br />as a proceeding in bankruptcy, probate, forco tdemnation or forfeiture, for enforcement of lien which may attain 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 appropriate to protect Lenders interest in the Property and rights under this <br />Security Instrument, including protecting and/or assessing the %slue of the Property, and securing and/or repairing the <br />Property. Lender's actions can include, but are not tin ited to: (a) paying any sums secured by a lien which has priority over <br />this Security Instrument; (b) appearing in eourn and (c) paying reasonable attorneys' fees to protect its interest in the <br />Property and/or right s under this Security fi snument, including its secured position in a bankrupcy proceeding Securing <br />the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or hoard up doors <br />and windows, drain water from pipes, chmirate budding or other code violations or dangerous conditions, and have on lines <br />turned ern err oB. Although Lender may take action order this Section 9, render does not have to du sec and is nut under any <br />duty or obligation to do so. It is turned that Under incurs no liability for not taking any or all actions authorized under this <br />Section 9. <br />Any amounts disbursed by Tcuder under this Section 9 shall become additional debt of Borrower secured bythis <br />Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall he payable, <br />with 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 oflhc lease. IfBumower <br />acquires fee title to the Property, the leasehold and the fee tide shall not 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, <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 Lcndcr cruses to be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments toward the prenuums for Mortgage Ina rance, <br />Borrower shall pay the premiums required m obtain coverage substantially equivalent to the Mortgage Insurance previously <br />in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Under. If substantially equivalent Mortgage Insurance coverage is not available, <br />Borrower shall continue to pay to Lender the amount ofthe separately designated payments thatwere due when the inswarce <br />coverage ceased to be in effect. Tender will accept, use and retain these payments as anon-refundable loss reserve iii <br />Mortgage Insurance. Such loss reserve shall be non refundable, notwithstanding the fact that the nn 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 la:nder requires) <br />provided by an insurer selected by Lender again becomes availuble, is obtained, and Lender requires separately designated <br />paymcr as toward the premiums for Mortgage Insurance. It Lender required Mortgage insurance as a emdmnn ofmukhng the <br />Loan and Bonnwer was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required ro maintain Mortgage Insurance in effect, or mo provide a non - refundable doss <br />reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between <br />Borrower and Lender In oviding 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 Nom) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Bunower 1s not a party to the Mortgage Insurance. <br />NEE1tAS%A-- Single Yaolity— Fwmie Ntei Freddie Mart;NIFOR IINS'IRUMENrI F.r.13028 1 /01 (Pe,ye4 laPagesl <br />9154.CVUN21 ,561106 <br />rill 'I Oroozsee1 <br />