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<br />200603100 <br /> <br />required by Lender, for damage to, or dcstruction of, the Property, such policy shall include a standard <br />mortgage clause and shall name Lendcr as mortgagee and/or as an additional loss payee. <br />In the cvent 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 />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 thc 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 shaH be undcrtaken promptly. Lender may disburse proceeds for the repairs and restoration in <br />a single paymcnt 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 bc 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 the 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 Borrowcr does not respond within 30 days to a notice from Lender 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 bcgin when the notice is given. In either event, or if Lender acquires the Property <br />under Section 20 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurancc <br />procceds in an amount not to exceed the amounts unpaid under the Notc or this Security Instrument, and <br />(b) any other of Borrower's rights (othcr than the right to any refund of unearned premiums paid by <br />Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the <br />coverage of the Property. Lender 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 then duc. <br />5. Occupancy. Borrowcr 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 rcsidcnce for at least one year after the date of occupancy, unless <br />Lender otherwise agrees in writing, which consent shall not bc unrcasonably withheld, or unless <br />extenuating circumstances exist which are beyond Borrower's control. <br />6. Preservation, Maintenance and Protection of the Property; Inspections. Borrowcr shaH <br />not destroy, damage or impair the Property, allow the Property to deteriorate or commit wastc on thc <br />Property. Whether or not Borrowcris rcsiding in the Property, Borrower shall maintain the Property in <br />ordcr 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 feasible, 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 the taking of, the Propcrty, Borrowcr <br />shall be responsible for repairing or restoring thc Property only if Lender has released proceeds for such <br />purposes. Lender may disburse proceeds for the repairs and restoration in a single paymcnt or in a series <br />of progress payments as the work is complctcd. If the insurance or condemnation proceeds are not <br />sufficient to rcpair or restorc thc 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 thc improvcments 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 dcfault if, during the Loan application <br />process, Borrower or any persons or cntities acting at the direction of Borrower or with Borrower's <br />knowlcdge or consent gave materially false, misleading, or inaccurate information or statements to <br />Lender (or failed to provide Lender with material information) in connection with the Loan. Material <br />rcprcscntations includc, but are not limited to, representations concerning Borrowcr's occupancy of the <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 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 lien which may attain priority over this Security <br /> <br />1111111 11111 11111 11111 111111111I11111 1111I11111111 <br />27778704 <br /> <br />Page 4 of 10 <br /> <br />NE:-~031)-1105 <br />