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<br />--' <br /> <br />200600585 <br /> <br />required by Lender, for damage to, or destruetion of, the Property, such policy shall include a standard <br />mortgage clause and shall namc Lender as mortgagee and/or as an additional loss payce. <br />In the cvent of loss, Borrower shall give prompt notice to the insurancc carrier and Lender. Lender <br />may make proof of loss if not made promplly by Borrower. Unless Lender and Borrower otherwise <br />agree 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 rcstoration or repair is <br />economically feasible and Lender's security is not lessened. During such repair and restoration period, <br />Lcnder shall havc the right to hold such insurance proceeds until Lcnder 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 rcstoration 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, retaincd by Borrower shall not bc paid out of thc insurance procccds and shall be the <br />sole obligation of Borrower. If thc restoration or repair is not cconomically feasible or Lender's security <br />would be lessened, the insurance proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the exccss, 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 rcspond within 30 days to a notice from Lendcr that the <br />insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The <br />30-day period will begin when the notice is given. In either event, or if Lender acquires the Propcrty <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 excccd the amounts unpaid undcr the Note or this Security Instrument, and <br />(b) any other of Borrower's rights (other than thc right to any refund of unearncd premiums paid by <br />Borrowcr) under all insurance policies covcring the Property, insofar as such rights are applicable to the <br />coverage of the Property. Lendcr may use the insurance proceeds either to repair or restore the Property <br />or to pay amounts unpaid under the Note or this Security Instrument, whether or not thcn due. <br />5. Occupancy. Borrower shall occupy, establish, and use the Propcrty 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 residcnce for at least one year after the date of occupancy, unlcss <br />Lendcr otherwise agrces in writing, which consent shall not bc unreasonably withheld, or unless <br />extenuating circumstances 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. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in <br />order to prcvent the Propcrty from deteriorating or decrcasing in value due to its condition. Unless it is <br />determined pursuant to Section 4 that rcpair or restoration is not economically feasible, Borrower shall <br />promptly repair the Property if damaged to avoid furthcr deterioration or damage. If insurance or <br />condemnation proceeds are paid in conncction with damage to, or the taking of, the Property, Borrowcr <br />shall be responsible for rcpairing or restoring the Property only if Lender has released proceeds for such <br />purposes. Lcnder may disburse proceeds for the repairs and rcstoration in a singlc payment or in a series <br />of progress payments as the work is completed. If the insurance or condemnation proceeds are not <br />sufficient to repair or restore thc Property, Borrower is not relieved of Borrower's obligation for the <br />complction of such repair or restoration. <br />Lender or its agent may make reasonablc entries upon and inspections of the Property. If it has <br />reasonable cause, Lender may inspect thc interior of thc improvements on the Property. Lender shall <br />give Borrower notice at the time of or prior to such an interior inspection specifying such reasonablc <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 conscnt gave materially false, misleading, or inaccurate information or statements to <br />Lender (or failcd to provide Lcnder with matcrial information) in connection with the Loan. Material <br />representations include, but are not limited to, representations conccrning Borrower's occupancy of thc <br />Property as Borrower'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 the covenants and agreements contained in this Sccurity <br />Instrumcnt, (b) there is a lcgal proceeding that might significantly affect Lcnder's interest in thc Property <br />and/or rights under this Security Instrument (such as a procceding in bankruptcy, probate, for <br />condemnation or forfeiture, for entorcement of a lien which may attain priority over this Security <br />1111111111111111111111 11111111111111111111 11111111 <br />72323501 <br /> <br />Page 4 of 10 <br /> <br />NE-2040.1105 <br />