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<br />200704634 <br /> <br />Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br />Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on <br />the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun <br />that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the <br />lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and <br />reinstate, as provided in section titled Borrower's Right to Reinstate, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in <br />the Property or other material impairment of the lien created by this Security Instrument or Lender's security <br />interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or <br />inaccurate information or statements to Lender (or failed to provide Lender with any material infoIDlation) in <br />connection with the loan evidenced by the Contract. Tfthis 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 <br />title shall not merge unless Lender agrees to the merger in writing. <br /> <br />Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements <br />contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in <br />the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or <br />regulations), tllen Lender may do and pay for whatever is necessary to protect fue value of the Property and <br />Lender's rights in tile Property. Lender's actions may include paying any sums secured by a lien which has priority <br />over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to <br />make repairs. Although Lender may take action under tills section, Lender does not have to do so. <br /> <br />Any amounts disbursed by Lender under this section shall become additional debt of Borrower secured by tllis <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear <br />interest from the date of disbursement at the same rate assessed on advances under fue Contract and shall be <br />payable, wifu interest, upon notice from Lender to Borrower requesting payment. <br /> <br />Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notice at the time of or prior to an inspection specifYing reasonable cause for the inspection. <br /> <br />Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of any part ofthe Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br /> <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by fuis Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of tile <br />Property in which the fair market value of the Property immediately before the taking is equal to or greater than <br />the amount of tile sums secured by this Security Instrument shall be reduced by the amount of the proceeds <br />multiplied by the following fraction: (a) the total anlOunt of the sums secured immediately before t1Ie taking, <br />divided by (b) t1Ie fair market value of t1Ie Property immediately before the taking. Any balance shall be paid to <br />Borrower. In the event of a partial taking of t1Ie Property in which t1Ie fu:ir market value of tile Property <br />immediately before the taking is less t1Ian t1Ie amount of the sums secured immediately before the taking, unless <br />Borrower and Lender otherwise agree in writing or unless Applicable Law otllerwise provides, the proceeds shall <br />be applied to the sums secured by tIlls Security Instrument whetlIer or not the sums are then due. <br /> <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimum number of <br />days established by Applicable Law after tile date the notice is given, Lender is authorized to collect and apply t1Ie <br />proceeds, at its option, eitlIer to restoration or repair of the Property or to the sums secured by tIlis Security <br />Instrument, whether or not then due. <br /> <br />Unless Lender and Borrower otllerwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone t1Ie due date of the payments due WIder the Contract or change the amount of such payments. <br /> <br />@2004.2007CopyrightCompliancc SY"tCIIll, Inc. 8C9c.n51J - 2007,01.201 <br />COIlSwner Real Estate. Security Itlltrument DL2036 <br /> <br />Page 3 of? <br /> <br />WWW.compliancesystem:o>.com <br />8()()-%8-8522 - Pax 616.956.1868 <br />