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<br />200510708 <br /> <br />required by Lender, for damagc to, or dcstruction of, the Property, such policy shall include a standard <br />mortgagc clause and shall naine Lender as mortgagee and/or as an additional loss payee. <br />In thc event of loss, Borrower shall give prompt notice to thc insurance carrier and Lender. Lender <br />may make proof of loss if not made promptly by Borrower. Unless Lendcr and Borrower otherwise <br />agrcc in writing, any insurance procccds, whether or not the underlying insurancc was required by <br />Lcndcr, shall be applied to restoration or rcpair of thc Property, if the restoration or repair is <br />economically fcasible and Lender's security is not lessened. During such repair and restoration period, <br />Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to <br />inspcct such Property to ensure the work has becn completed to Lender's satisfaction, provided that such <br />inspection shall bc undcrtakcn promptly. Lender may disburse proceeds for the repairs and restoration in <br />a single payment or in a series of progress payments as the work is completed. Unless an agrcement is <br />made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall <br />not be requircd to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or <br />othcr third parties, retained by Borrowcr shall not be paid out of the insurance proceeds and shall be the <br />sole obligation of Borrower. If thc restoration or repair is not economically feasible or Lender's security <br />would bc lessened, the insurancc procccds shall be applied to the sums sccured by this Security <br />Instrument, whcthcr or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds <br />shall be applied in the order providcd for in Section 2. <br />If Borrower abandons the Property, Lcndcr may file, negotiate and settle any available insurance <br />claim and re]atcd matters. If Borrower does not respond within 30 days to a notice from Lender that the <br />insurance carrier has offered to settle a claim, thcn Lcnder may negotiate and settlc the claim. The <br />30-day period will bcgin when the notice is given. In either cvcnt, or if Lender acquires the Propcrty <br />undcr Scction 20 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />procecds in an amount not to excecd thc amounts unpaid under the Note or this Security Instrument, and <br />(b) any other of Borrowcr's rights (other than the right to any refund of unearned premiums paid by <br />Borrower) under all insurance policies covcring the Property, insofar as such rights are applicable to the <br />covcrage of the Property. Lcnder may use the insurance proceeds cither to repair or restore thc Property <br />or to pay amounts unpaid under the Notc or this Security Instrument, whethcr or not then due. <br />5. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of this Security Instrument and shall continue to occupy the <br />Property as Borrower's principal residcncc for at least one year after thc date of occupancy, unless <br />Lender othclwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br />extenuating circumstanccs exist which are beyond Borrower's control. <br />6. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall <br />not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the <br />Property. Whcthcr or not Borrower is residing in the Propcrty, Borrower shall maintain the Property in <br />order to prevent the Property from detcriorating or decreasing in value due to its condition. Unless it is <br />determined pursuant to Section 4 that repair or restoration is not economically fcasible, Borrower shall <br />promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds are paid in connection with damage to, or thc taking of, the Property, Borrower <br />shall be responsible for repairing or restoring thc Property only if Lender has released proceeds for such <br />purposes. Lcndcr may disburse proceeds for thc rcpairs 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 <br />suftkient to repair or restore the Propcrty, Borrower is not relieved of Borrower's obligation for the <br />completion of such repair or restoration. <br />Lcnder or its agent may makc reasonable entries upon and inspections of the Property. If it has <br />reasonable cause, Lcnder may inspect the interior of the improvements on the Property. Lender shall <br />give Borrower notice at the timc of or prior to such an interior inspection specifYing such reasonable <br />cause. <br />7. Borrower's Loan Application. Borrowcr shall be in default if, during the Loan application <br />process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurate information or statements to <br />Lender (or failed to provide Lcnder with material information) in connection with the Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the <br />Propcrty as Borrower's principal rcsidence. <br />8. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security <br />Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property <br />and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for <br />condemnation or forfeiture, for enforcement of a licn which may attain priority over this Security <br /> <br />11111111111111111111111111111111111111111111111111 <br />99973842 <br /> <br />Page4of10 <br /> <br />NE-2030-0905 <br />