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<br />200510740 <br /> <br />work has been completed to Lender's satisfaction, provided that such inspection sha11 be undertaken <br />promptly. Lendermay disburse proceeds for the repairs and restorationin a single payment or in a series of <br />progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law <br />requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any <br />interest or earnings on such proceeds. Fees for public adjusters, or other third parties,retainedby Borrower <br />shall not be paid out of the insurance proceeds and sha11 be the sole obligation of Borrower. If the restoration <br />or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br />applied to the sums securedby this Security Instrument,whetheror not then due, with the excess, if any, paid <br />to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may me, negotiate and settle any available insurance claim <br />and reIatedmatters.lf Borrower does not respond within 30 days to a notice from Lender that the insurance <br />carrier has offered to settle a claim, then Lendermay negotiate and settle the claim. The 30"day period wi11 <br />begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or <br />otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount <br />not to exceed the amounts unpaid under the Note or this Security Instrument,and (b) any other of Borrower's <br />rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance <br />policies covering the Property,insofar as such rights are applicable to the coverage of the Property. Lender <br />may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the <br />Note or this Security Instrument, whether or not then due. <br />6. Occupancy. Borrowershall occupy, establish, and use the Property as Borrower's principalresidence <br />within 60 days after the execution of this Security Instrumentand sha11 continue to occupy the Property as <br />Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise <br />agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances <br />exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damage or impair the Property, allow the Property to deteriorateor commit waste on the Property. <br />Whetheror not Borroweris residing in the Property, Borrower shall maintainthe Propertyin orderto prevent <br />the Propertyfrom deteriorating>r decreasingin value due to its condition. Unless it is determinedpursuantto <br />Section 5 that repair or restorationis not economically feasible, Borrower sha11 promptly repair the Propertyif <br />damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in <br />connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or <br />restoring the Property only if Lender has reIeasedproceedsfor such purposes. Lendermay disburse proceeds <br />for the repairs and restoration in a single payment or in a series of progress payments as the work is <br />completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, <br />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 <br />reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender sha11 give <br />Borrower notice at the time of or 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 <br />knowledge or consent gave materially false, misleading, or inaccurateinformationor statementsto Lender ( or <br />failed to provide Lender with material information) in connection with the Loan. Material representations <br />include, but are not limited to, representations concerning Borrower's occupancy of the Property as <br />Borrower's principal residence. <br /> <br />. "6A(N E) (0407) <br />@ <br /> <br />Paga 7 of 15 <br /> <br />Inltlal'~ ?l1(1 <br /> <br />rrm 3028 1/01 <br />