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<br />200601850 <br /> <br />DOC 10 t: 00012506320602006 <br />5. Propel.ty Insurance. Borrowcr shall kcep the improvemenls now exisling or hereafter erected on lhe <br />ProperlY insured against loss by fire, hazards included wilhin thc term "extended coverage," and any other <br />hazards including, but nol limited to, earthquakes and floods, for which Lender requires insurance. This <br />insurance shall be maintained in the amounts (including deductible levels) and for the periods thal Lender <br />requires. Whal Lender requires pursuanllo the preceding senlences can change during the lerm of the Loan. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject. to Lender's right to <br />disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower <br />to pay, in connection with this Loan, eilher: (a) a one-lime charge for flood zone delermination, certification <br />and tracking services; or (b) a (me-time charge for flood zone delermination and certificalion services and <br />subsequenl charges each time remappings or similar changes occur which reasonably mighl affect such <br />deleClninalion or certification. Borrower shall also be responsible for the paymenl of any fees imposed by lhe <br />Federal Emergency Managemenl Agency in conneclion wilh the review of any flood wne delermination <br />resulting from an o~jection by Borrower. <br />If Borrower fails to mainlain any of the coverages described above, Lender may obtain iusurance <br />coverage, al Lender's option :md Borrower's expense. Lender is under no obligation to purchase any particular <br />type or amount of coverage. Therefore, such coverage shall cover Lender, bUI mighl or mighl nol protecI <br />Borrower, Borrower's elJuity in the Properly, or the contents of the Property, against any risk, hazard or <br />liability and might provide greater or lesser coverage lhan was previously in effect. Borrower acknowledges <br />that the COSI of the insurnnce coverage so obtained might significantly ex.ceed the cost or immrance thnt <br />Borrower could have obtained. Any amounts disbursed by Lender under this Seclion 5 shall hecome additional <br />debl of Borrower secured by this Security Inslrument. These amounts shall bear interesllltthe Nole rate from <br />lhe date of disbursement and shall be payable, with such inl.eresl, upon notice from Lender 10 Borrower <br />requesting payment. <br />All insurance policies required by Lender and renewals of such policies shall be subjectlo Lender's right <br />to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as morlgagee <br />and/or as an additional loss payee. Lender shall have the righllo hold the policies and renewal cerlificates. If <br />Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If <br />Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for damage to, or <br />destruction of, the Property, such policy shall include a standard mortgage clause and shall nallle Lender as <br />mortgagee and/or as :m additional loss payee. <br />In the evenl of loss, Borrower shall give prompt nOlice l() the insurance carrier and Lender. Lender may <br />make proof of loss if not made promplly by Borrower. Unless Lender and Borrower otherwise agree in <br />wriling, any insumnce proceeds, whether or not the underlying insurance was required by Lender, shall he <br />applied to resloration or repair of the Property, if the restoration or repair is economically feasible and <br />Lender's security is not lessened. During such repair and resloration period, Lender shall have the righlto hold <br />such insurance proceeds until Lender has had an opport.unity 10 inspect such ProperlY to ensure the work has <br />been completed to Lender's satisfaclion, provided that such inspection shall be underlaken promptly. Lender <br />may disburse proceeds for Ihe repairs and resloralion in a single paymenl or in a series of progress payments <br />as the work is completed. Unless an agreemenl is made in writing or Applicable Law requires interest to be <br />paid on such insurance proceeds, Lender shall not be required to pay Borrower any inleresl or earnings on <br />such proceeds. Fees for public adjuslers, or other third parties, relained by Borrower shall nolo be paid oul of <br />lhe insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not <br />economically feasible or Lender's securily would be lessened, the insurance proceeds shall be applied 10 the <br />sums secured by this Security Instrlllnent, whether or not then dlle, with the excess, if any, paid to Borrower. <br />Such insurance proceedfl shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and seUle any available insurance claim <br />and related matters. If Borrower docs not respond within 30 days to a notice fwm Lender lhal the insumnee <br />carrier has offered lo seule a claim, then Lender may negotiate and fleule I.he claim. The 3D-day period will <br />begin when the notice is given. In either event, or if Lender acquires the ProperlY under Seclion 22 or <br />Olherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount <br />not to exceed the amounts unpaid under Ihe Note or this Security Instrumenl, and (h) any other of Borrower's <br />righlfl (other lhan the right to any refund of unearned premiums paid by Borrower) under all influrance policies <br />covering the Properly, insofar as such rights are applicahle to the coverage of the Property. Lender may use <br />the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this <br />Security Instrumenl, whether or not thell due. <br />6. Occupnncy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence <br />within 60 days after the execution of this Security Insll1lment and shall continue to occupy the Property as <br />Borrower's principal rc..,idence for at least one year after the date of occupancy, unless Lender otherwise <br />agrees in wliling, which consent shallnOl be unreasonably withheld, or unless eXlenuating circumstances exist <br />which arc beyond Borrower's conlrol. <br />7. I'rcservutioo, Maintenunce nod I'l"ol.cction of the Property; Inflpectiollfl. Borrower shall not <br />destroy, damage or impair the Properly, allow the Pmperty to deteriorale or commit waste on the Property. <br />Whether or not Borrower is residing in the Property, Borrower flhallmaintain the Property in order to prevenl <br />lhe Properly from deleriornting or decrellfling in value due to ils condition. Unless it is delermined pursuant to <br />Section 5 that repair or restoration is not economically feasihle, Borrower shall promplly repair the Property if <br /> <br /><It -6A(NE) (0407) <br /> <br />CHL (08/05) <br /> <br />Page 5 or 11 <br /> <br />Form 3028 1/01 <br />