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<br />LOAB ,. 0021635891 <br />Borrower, subject to the terms of any Prior Uen. Such insurance proceeds shall be applied In the order provided for <br />in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 days to a notice from Lender that the Insurance carrier has offered to <br />settle a claim, then lender may negotiate and settle the claim. The 30.day period will begin when the notice 18 given. <br />In either event, or if Lender acquires the Property under Section 22 or othecwise, Borrower hereby assigns to Lender <br />(a) Borrower's rights to any Insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this <br />Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums <br />paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the <br />coverage at the Property. lander may use the Insurance proceeds either to repair or restore the Property or to pay <br />amounts unpaid under the Note or this Security Instrument, whether or not then dUe. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within <br />60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br />residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which <br />consent shall notbe unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's <br />control. <br />7. "eservldlon, Maintenance and protection of the Property; InapecUon.. Borrower shall not dQStroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not <br />Borrower is residing in the Property, Borrower shall maintain the Property In order to prevent the Property from <br />deteriorating or decreasing In value due to its condition. Unless It Is determined pursuant to Section 5 that repair or <br />restoration is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid further <br />deterioration or damage. If insurance or condemnation proceeds are paid In connection with damage to, or the taking <br />of, the Property, Borrower shall be responsible for repairing or restoring the Property only it Lender has released <br />proceedS for such purposes. lander may disburse proceeds for the repairs and restoration In a single payment or In <br />a series of progress payments as the work Is completed. n the Insurance or condemnation proceedS are not sufficient <br />to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or <br />restoration. <br />lender or Its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />lender may Inspect the Interlor of the improvements on the Property. Lender shall give Borrower notlee at the time of <br />or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrowers Loan Application. Borrower shall be In default If, during the Loan application process. Borrower <br />or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially <br />false, misleading, or inaccurate information or statements to Lender (or failed to provide Lenderwlth materiallnformatlon) <br />in connection with the Loan. Material representations Include, but are not limited to, representations concerning <br />Borrower's occupancy of the Property as Borrower's principal r.sidence. <br />9. Protection of lender_Interest In the Property and Right. Under this Security Instrument. The provisions <br />of this paragraph are subject to Applicable Law. If (a) Borrower falls to pel10rm the covenants and agreements <br />contained in this Security Instrument, (b) there Is a legal proceeding that might Significantly affect lender's Interest <br />in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for <br />condemnation or fol1elture , for enforcement of a lien which may attain priority over this Security Instrument or to enforce <br />laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever Is <br />reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and/or assessing the value of the Property, and securing amt/or repairing the Property. lender's <br />actions can Include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security <br />Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest In the Property and/ <br />or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the <br />Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors <br />and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have <br />utilities turned on or off. Although lender may take action under this Section 9, Lender does not have to do so and <br />is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions <br />authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be <br />payable, with such Interest, upon notice from Lender to Borrower requesting payment. <br />Ifthis Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall <br />not surrender the leasehold estate and Interests herein conveyed or terminate or cancel the ground lease. Borrower shall <br />not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the <br />Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Rehabilitation Lo8n Agreement. Borrowershallfutfll all of Borrower's oblgations under any home rehabUltatlon, <br />improvement, repair or other loan agreement which Borrower enters into with lender. lender, at Lender's option, may <br />require Borrower to execute and deliver to Lender, In a form acceptable to Lender, an assignment of any rights, claims <br />or defenses which Borrower may have against parties who supply labor. materials or services In connection with <br />improvements made to the Property. <br />11. Aaalgnment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender. <br />If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, <br />If the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the rightto hold such Miscellaneous Proceeds until Lender has had an opportunity <br />to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection <br />shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or In a series of <br />progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest <br />to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on <br /> <br />200701416 <br /> <br />NE D..d at Tnlst - Single FamIly. HOlM EquMy (R....... 4105) <br /> <br />Page 5 of 9 <br /> <br />NEXDEEO 050fl <br /> <br />1t> <br /> <br />'/ <br />,/\/ <br />lb '.. <br />