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08/21/2005 04:44 5192933420 HLCMV PAGE 05/31 200701807 5. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence witb.in 60 days aftm the execudon of this Security Instrument and shall continue to occupy the Propeny l}.$ . Borrower's principal residence fOl at least one year after the date of occupancy, tUlless (a) BOttower has disclosed to Lender at application fOr the Loan that the Property shall not be Borrower's principal residence: (b) Lender otherwise agrees in writing, which consent shall not be unreasonably withheld; or (c) unless emnuating circumstal:\Cell exist which are beyond :Borrower)s controL 6. Preservation. Maintenance and Protection of tbe Property; Inspections. Borrower shall not dutroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whetb.eJ." oJ." not Borrower is residing in the Property, BOlTower shall maintain the Property in order to prevent the Property from deterioratins or dCcl1:l8sing in value due to its condition. Unless it is determined pursuant to Section 4 that repajr or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or dam,age. J1 insurance or condelllIllltion proceeds are paid in connection With damage to, or the taking of, the Property, Borrower shall be responsible fOr repairing or restoring the Property only ifLender has released proceeds for such pwposell. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of pJ."ogress payments as the work is completed. If the .insurance or condemnation proceeds are not sufficient to repair or restort the Property, Borrower is not relieved of Borrower's obligation for the co:mpletion of such repau or restoration. Lender or its agent tn.Ily make reasonable entries upon and in!lpectiODS of the Property. Ifit has reasonable cause, Lender may inspect the interior of the improvements on the l>roperty. Lender &hall gjve .BOlTOWCI" Dotice at the time of or prior to such an interior inspection specifying such reasonable cause. 7. Borrower's Loan Application. Borrower shaU be in default if, during the Loan application process, Borro~ OJ: :my persons or ent:;ities acting at the direction of Borrowe... or with Borrower's knowledge OJ." consent gave materially false, misleading, or inaccurate infonnation or statements to Lender (or tailed to provide lende... with material information) ill connection with the Loan. Material representatioIlS include, but are not limjted to, (a) representations concerning Borrower's occupancy of the Property u narrower's principal residence and (b) Uens on the PJ."Operty that have priority over this Security Instrument. 8. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(lI-) Borrower fails to perlOm1 the covenants and ilgreements contained in this Security InStrument or any obligation that is secured by a lien that is superior to this Security Instrument, (b) there is a legal proceeding that migbt significantly affect Lender's interest in the Property and/or rights under this Security Instrume.ot (such as a proceeding in ban.kJ:uptcy, probate, for condemnation or forfeiture, for enforcement of any lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Propeny, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the.Property and rights under this Security Instrument, including PJ:otectmg and/or assessing the value of the Property, and securing lI,JJ.d/or repairirig the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by Ii lien which has priority OVCl: this Security Instrument; (b) appearins in court; and (c) paying reasonable attorneys' fees to plotect its interest in the Property and/or rights under tlris Security Iostrument, including it/l secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repaiJ."s, change loclcs, replace or board up doors and Windows, drain water from pipes, eliminate building or other code violadons or dlWgerous conditions, aM. have utilities turned on or off. Although uncleJ: may take action under this Section 8, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not talcjng any or all actions authorized under this Section 8. Any amounts disbursed by Lender under this Section 8 shall become additional debt of BOnQwer secured by this Security Instrument. These amotults shall bear interest at the rate applicable to the Debt Insttument from time to time, from the date of disbuxsement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment Ifth.is Security InsU'l1m.ent is on a leasehold, Borrower shall comply with all the prQv~ions of the leue. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not nu:rge unless Lender agrees to the m.erger in writing. 9. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's dghts. ililliilliliitl.ill~i (5/4106) (poge J of J J pages) D~q l'rot;'ased 02-02-2007.1S:16:21