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<br />200606973 <br /> <br />6. Occupancy, Preservation, Maintenance and Protection of the Property, Borrower's Loan Application; Leaseholds. <br />Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security <br />Instrument and shall continue to occupy the Property as Borrower's principal residence unless Lender otherwise agrees in writing, which <br />consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall <br />not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default <br />if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the <br />Property or otherwise materially impair the lien created by this Security Instrument or Lender's <br />dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other <br />material impairment of the lien created by this Security Instrument or lender's security interest. Borrower shall also be in default if <br />Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide <br />Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations <br />concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge <br />unless lender agrees to the merger in writing. <br />7. Protection of Lender's Rights In the Property. If Borrower fails to Perform the covenants and agreements contained in this <br />Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary <br />to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien, <br />which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees entering on the Property to make <br />repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional of Bo wer secured by this Security <br />Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts sha interest from the date of disbursement at <br />the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requ t. <br />8. Mortgage Insurance. If Lender required mortgage insurance as a con' he loan secured by this Security <br />Instrument, Borrower shall pay the premiums required to maintain the mortgage in ' for any reason, the mortgage <br />insurance coverage required by Lender lapses or ceases to be in effect, Borrower shal~..g~yalent to the cost to Borrower <br />of the mortgage insurance previously in effect, from an alternate mortgage ins approv~d y Lender. If s . ally equivalent mortgage <br />insurance coverage is not available, Borrower shall pay to Lender each mo sum equal to one.twelfth of rly mortgage insurance <br />premium being paid by Borrower when the insurance coverage lapsed to be in, effect. Lender will a e and retain these <br />payments as a loss reserve in lieu of mortgage insurance. Loss res "' ts may no nger be re.quired, at n of Lender, if <br />mortgage insurance coverage (in the amount and for the period that uires) pro by an insurer app by Lender again <br />becomes available and is obtained. Borrower shall pay the premiums required . tain mort e insurance in effi ,or to provide a loss <br />reserve, until the requirement for mortgage insurance ends in accordance with 'tten agreement between Borrower and Lender or <br />applicable law. <br />9. Inspection. Lender or its agent may make re <br />notice at the time of or prior to an inspection specifying rea <br />10. Condemnation. The proceeds of any award or c <br />or other taking of any part of the Property, or for conveyance i <br />In the event of a total taking of the Property, the proce <br />or not then due, with any excess paid to Borrower. In the even <br />Property immediately before the takin . to or greater than <br />before the taking, unless Borrower d ise agree in <br />the amount of the proceeds mul . by th 'ng fraction: (a) <br />divided by (b) the fair market the Prop mediately before <br />partial taking of the Property in e fair market value of the Prope <br />secured immediately before the tak ess B<;1rrower and Lender oth agree in writing or unless applicable law otherwise provides, <br />the proceeds shall be applied to the su red by t . Instrument whether or not the sums are then due. <br />If the Prop doned by Lender to Borrower that the condemnor offers to make an award or <br />settle a claim fi er fails ond to Len in 30 days after the date the notice is given, Lender is authorized to <br />collect and a tion, either to restoration or repair of the Property or to the sums secured by this Security Instrument, <br />whether 0 <br />se any application of proceeds to principal shall not extend or postpone the due <br />date dFthe graphs l>and 2 or change the amount of such payments. <br />11. arance>by Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of t 'ty Instrument granted by Lender to any successor in interest of Borrower shall not operate to <br />release the liability or Borrower's successors in interest. Lender shall not be required to commence proceedings <br />against any successor in'j ; extend time for payment or otherwise modify amortization of the sums secured by this Security <br />Instrument by reason of art by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in <br />exercising any right or remed e a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and As ound; Joint and Several Liability; Co-signers. The covenants and agreements ofthis Security <br />Instrument shall bind and ben e successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's <br />covenants and agreements shall e joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) <br />is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this <br />Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the <br />Note without that Borrower's consent. <br />13. Loan Charges. If the loan secured by this Security Instrument is subject to a law that sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection <br />with the loan exceed the permitted limits, then. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the <br />permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender <br />may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund <br />reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first <br />class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address <br />Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any <br />other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been <br />given to Borrower or Lender when given as provided in this paragraph. <br /> <br /> <br />Iii connection with any condemnation <br />ned and shall be paid to Lender. <br /> <br /> <br />SGA <br />