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<br />200707399 <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 payroehtor in 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 requited to pay Horrower any <br />interest or earnings on such proceeds. Fees for public 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 not then due, with <br />the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in <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 30~day <br />period will begin when the notice is given: In either event, orjf 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 Insttument,and <br />(b) any other of Borrower's rights (other than the right to any refund ofuneartied premiums paid by <br />Borrower) under all insurance policies covering the. Property, insbfaras stich rights are. applicable to the <br />coverage of the Property. Lender may use theinstirartce proceeds either to repair or restore the Property or <br />to pay amounts unpaid under the Note or this Security Insttument, whether or not then due. <br />6. Occupallcy.Borrower shall occupy, establish, and uSe the Property as Borrower's principal <br />residence within 60 days after the execution of this Security Instrument and shall continue 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 consent shall not be unreasohably withheld, orutiless extenuating <br />circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Properly; Inspections. Borrower shall not <br />destroy, damage or inipair the Property ,alloW theProperty todeteriorateorcol11mit waste on the <br />Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in <br />order to preveht the Property from deteriorating or decreasing invalu.e due to its condition, Unless it is <br />determined pursuant to Section 5 that repair or restoration is notecOriomicallyfeasible, Borrower shall <br />promptly repair the Property if damaged to avoid further deterioration or daniage.Ifinsurance or <br />condemnation proceeds are paid in connection with damage to, or the taking of, the Property, 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 orin a series of <br />progress payments as the work is completed. If the insurance or condemhation 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 arid inspections of the Property. If it has <br />reasonable cause, Lender may inspect the interior of the improvementsontheProperty. Lender shall give <br />Borrower notice at the time of or prior tosllch an interior. inspectioIl specifying such reasonable cause. <br />8. Borrower's. Loan Application. Borrower. shan be in defaulr if, during the Loan application <br />process, Borrower or any persons or entities actingatthe direction of Borrower orwith Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender <br />(or failed to provide Lender with material infot'niation) iriconnectionwith 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 />. -6INE) (0407).02 <br />. @ <br /> <br />Page 7 0115 <br /> <br />J,~?J. ... .... ..... ..........011026992.1 <br />Init I <br />... . / .... Form 3028 1/01 <br />