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200214063 <br />coverage, not otherwise required by Leader. for damage to, or destruction of, the Property, such policy shall include a <br />standard mortgage clause and shall name icndcr as mortgagee and/or as an additional loss payee. <br />In the event of Inns, Burrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />of Ins, if not made promptly by Borrower- Iinless Lender and Bomiwer otherwise agree in writing, any insurance proceeds. <br />whether or not the underlying insurance was required by Lender, shall he applied to restoration or repair of 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 />Property to ensure the work has been complctud 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 it series of progress <br />payments as the work is completed. Unless an ageement is made in writing or Applicable law requires interest to be paid <br />on such Laurance 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 />lessened, die insurance proceeds shall be applied to the sums secured by this Security Instrument, wherheror 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 />ILBor'ower abandons the Property, f ender may file, negotiate and settle any available insurance claim and related <br />mattes. It Borrower tines not respond within 30 days to a notice from Lender that the insurance carrier has offered to scale a <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 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 ofBorrower's rights (other than the right to any round 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 restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. Occupancy. Burrower shall occupy. establish, and use the Property as Borrower's of residence within <br />60 days after the execution of this Security Instrument and shell 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, ur unless <br />extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shat l 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. But shall maintain the Property in order to <br />prcvwt the Property from deteriorating or decreasing in value due to its condition. I)nless it is determined pursuant to <br />Section 5 that repair or restoration is not economically feasible Borrower shall promptly repair the Property it damaged to <br />avoid further deterioration or damage- If insurance or condemnation proceeds are paid iu connection with damage to, or the <br />taking of, the Property, Borrower shall be responsible for repairing of restoring die Property only if Lender has released <br />proceeds for such purposes. Lender may disburse to for the repairs and restoration m a single payment or in a series <br />of progress payments as the work is completed, If the insurance or condemnation proceeds are not cuff dent to repair or <br />restore the Property, Borrower is not relieved of Borrower's obligation for the crmpletion of such repair or restoration. <br />Lenderor its agent maymake reasonableentries upon and inspectionso fthe Property. ifit has reasomblecause, <br />Icnder 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 />S. Borrower's Loan Application. Burrower shall be in default if, during the Luse application process, <br />Borrower or any persons or entities acting at the direction of Borrower ur with Borrower's knowledge or consent gave <br />materially false 'e' misleading, or inaccurate information or statements to Lender (or failed to provide da=nder with material <br />information) in connection with the Dian. Material representations include, but are nothmited to, representations concerning <br />Borrower's occupancy of the Property as Borrower's pri ncipal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. It <br />(a) Borrower fails to Perform the covenants and ao cements contained in this Security Instrument, (b) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />over this Security Instrument of to enforce laws or regulatioru), or (c) Borrower has abandoned theProperry, then Lender <br />may de and pay Cur whatever is reasonable or appropriate to protect Leader's interest in the Property 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 deficits can include, butarenot limited m: (a) paying any sums secured by a Tien which has priority over <br />this Security Insuurl (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the <br />Property and/or rights under this Security Instrument, including its secured position in it bankruptcy procwding. Securing <br />the Property includes, but is not limited to, entenng the Property to make repairs, change locks, replace or board up doors <br />and windows, drain water from pipes, eliminate budding or other code violations or dangerous conditions, and have utilities <br />turned un or off. 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 se. 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 />Security Instrument These amounts shall bear interest at the Note rate from the date of disbarsement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is or a leasehold, Borrower shall comply with all the provisions ofthe lease. It Borrower <br />acquires tee title w the Property, the leasehold and the fee title shall not merge unless Lender agrees to the mcrver 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 It, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separatelydesu ated payments toward thepremtums for Mortgagclnsumnce, <br />Borrower shall pay the premiums required to ohnno 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 Lender. If substantially equivalent Mortgage Insurance coverage is not available, <br />Borrower shall continue to pay to Lender the amount of separately designated payments that were due when the insurance <br />coverage ceased to be in effect Lender wil l accept use and retain these payments as a non - refundable loss reset vein lieu of <br />Mortgage Insurance. Such loss reserve shall be non - refundable ,notwith,tandingthefact that the lean is ultimately paid in <br />bill, and Lender shall not be required to pay Borrower any interest or earnings on such Toss reserve. Lender can no longer <br />require loss reserve payments it 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 Motgagelnsarance It lender required Moitgagefnsranceasawnditionofmakmg me <br />Leila ad Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance <br />Borrower shall pay the premiums required to maintain Mortgage [ nsurance in effect, or to provide a non-refundable loss <br />restive, until leader'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 oblipgation to pay interest at the rate provided in the Notc. <br />Mortgage Insurance renflTmases Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Burrower does not repay the Loan as agreed. Borower is not a party to the Mortgage Insurance. <br />NF.RRASkA- Single Family- FaanleMae/Freddie Mae UNIFORM Itch I RFMENT Forni 1 /01 rpaprr.J8111X, 11 <br />945Y ry I1112) 1024857 <br />I I l I I l)m%f2osui <br />