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<br />200705511 <br /> <br />work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may disburse proceeds for the repairs and restoration in a single payment orin a series <br />of progress 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 Borrower any <br />interest or earnings on such proceeds. Fees forpubIic adjusters, or other third parties, retained by <br />BOrrower shall not be paid out Of the insurance proceeds and shall be the sole obligation of BOrroWer. If <br />the restOration or repair is not economically feasible or Lender's security would be leSSened, the insurance <br />proceeds shall be applied to the sums secured by this Security Instrument, Whether or l10t then due, with <br />the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided forin <br />Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance <br />claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the <br />insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. . The 30cday <br />period will begin when the notice is given. In either event, or if Lender acquires. the Property under <br />Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />proceeds in an amoUnt not to exceed the amounts unpaid under the Note or this Security Instrument,arid <br />(b) any other of Borrower's rights (other than the right to any refund of uneamedpremiums paid by <br />Borrower) ul1der all insurance policies coveting theProperty,insofar as such rights are applicable to the <br />coverage of the Property. Lender IUay use the insurance proceeds either to repair or testote the Property or <br />to pay amounts unpaid under the Note or this Security.lnstrument, whether or not thehdue. <br />6.0ccllpancy. BorroWer shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution. of this. Security Instniment. and shall col1tinue to occupy. the <br />Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender <br />otherwise agrees in writing, which consentshall not be unreasonably withheld, or Unless extenuating <br />circumstances exist Which ate beyond Borrower'scontro!. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shalL not <br />destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the <br />Property. Whether or nOt Borrower is residing in the Property , Borrower shall maintain the Property in <br />order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is <br />determined 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 paidinconnedion with damage to, or the taking of, theProperty,BorroWer <br />shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such <br />purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of <br />progress payments as the work is completed. If 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 <br />such repair or restoration. <br />Lender or its agent may make reasonable entries upon. and inspections of the Property. If it has <br />reasonable cause, Lender may inspect the interior of the improvements on the Property . Lender shall give <br />Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan AppliCation. Borrower shall be indefault if, during the Loan application <br />process,. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurate. information or statements to. Lender <br />(or failed to provide Lender with matei:ial information) in connection with the Loan. Material <br />representations. include, but are not limited to; representations concerning Borrower's. occupancy. of the <br />Property as Borrower's principal residence. <br /> <br />Page 7 of 15 <br /> <br />(2. <br /> <br />Inl'lal':~ <br /> <br /> <br />t)J <br /> <br />01-046945 <br /> <br />.-6INE) (0407).02 <br />@ <br /> <br />Form 3028 1 fOl <br />