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<br />200600378 <br /> <br />required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard <br />mortgage clause and shall name Lender as mortgagee 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 <br />may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise <br />ab'fee in writing, any insurance proceeds, whether or not the underlying insurance was required by <br />Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is <br />economically feasible 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 />inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such <br />inspection shall be undertaken 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 agreement is <br />made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall <br />not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or <br />other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the <br />sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security <br />would be lessened, the insurance proceeds shall be applied to thc sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds <br />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 <br />claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the <br />insurance carricr has offered to settle a claim, then Lender may negotiate and settle thc claim. The <br />30-day period will begin when the notice is given. In either evcnt, or if Lender acquires the Property <br />under Section 20 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />proceeds in an amount not to cxcccd the amounts unpaid under the Note or this Security Instrument, and <br />(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by <br />Borrower) under all insurance policies covering the Property, insofar as such rights arc applicable to the <br />coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Propcrty <br />or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. <br />5. Occupancy. Borrower shall occupy, cstablish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of this Sccurity Instrument and shall continue to occupy the <br />Property as Borrower's prineipal residence for at Icast one year after thc date of occupancy, unlcss <br />Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br />cxtenuating circumstances exist which arc bcyond Borrower's control. <br />6, Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall <br />not destroy, damage or impair the Property, allow thc Property to deteriorate or conunit waste on the <br />Property. Whether or not Borrower is residing in thc Property, Borrower shall maintain the Property in <br />order to prevent the Property from deteriorating 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 rcpair the Property if damaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds arc paid in connection with damage to, or the taking of, the Property, Borrower <br />shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such <br />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 arc not <br />sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the <br />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 shall <br />give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable <br />cause. <br />7, Borrower's Loan Application, Borrower 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 falsc, misleading, or inaccurate information or statements to <br />Lender (or failcd to provide Lender with material information) in connection with thc Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the <br />Property as Borrowcr's principal residence. <br />8. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. If (a) Borrower fails to perform thc covenants and agreements contained in this Security <br />Instrument, (b) therc is a legal proceeding that might significantly affect Lender's intercst in the Property <br />and/or rights under this Security instrument (such as a procecding in bankruptcy, probate, for <br />condelTll1ation or forfeiture, for enforcement of a lien which may attain priority over this Security <br /> <br />1111111 1111111111 11111 1111111111111111111111111111 <br />20276535 <br /> <br />Page 4 0110 <br /> <br />NE.203o-1105 <br />