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<br />200608706 <br /> <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and <br />Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and <br />Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying <br />insurance was required by Lender, shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Lender's security is not lessened. During such <br />repair and restoration period, Lender shall have the right to hold such insurance proceeds until <br />Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may <br />disburse proceeds for the repairs and restoration in a single payment or in a series of progress <br />payments as the work is completed. Unless an agreement is made in writing or Applicable Law <br />requires interest to be paid on such insurance proceeds, Lender shall not be required to pay <br />Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third <br />parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole <br />obligation of Borrower. If the restoration or repair is not economically feasible or Lender's <br />security would be lessened, the insurance proceeds shall be applied to the sums secured by this <br />Security Instrument, whether or not then due. Such insurance proceeds shall be applied in the <br />order provided for in Section 2. <br /> <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available <br />insurance claim and related matters. If Borrower does not respond within 30 days to a notice <br />from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate <br />and settle the claim. The 30-day period will begin when the notice is given. In either event, or if <br />Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender <br />(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid <br />under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the <br />right to any refund of unearned premiums paid by Borrower) under all insurance policies <br />covering the Property, insofar as such rights are applicable to the coverage of the Property. <br />Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts <br />unpaid under the Note or this Security Instrument, whether or not then due. <br /> <br />6. Occupancy. Intentionally omitted. <br /> <br />7. Preservation, Maintenance and Protection of the Property; Inspections. <br />Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or <br />commit waste on the Property. Borrower shall maintain the Property in order to prevent the <br />Property from deteriorating or decreasing in value due to its condition. Unless it is determined <br />pursuant to Section 5 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 Property, <br />Borrower shall be responsible for repairing or restoring the Property only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a <br />single payment or in a series of progress payments as the work is completed. If the insurance or <br />condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not <br />relieved of Borrower's obligation for the completion of such repair or restoration. <br /> <br />CHARl\764238_ 1 <br />