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<br />200707443 <br /> <br />work kl~ Iwen completed to Lender's satisfaclion, provided Ihal such inspection shall Iw uudertakell <br />promplly. Lender lllay disburse proceeds for the repairs and restoratiOJl in a single paynwnl or in a series <br />of progress paymenls as the work is completed. Unless an agreemenl is made in wriling or ^pplicahle 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 for public adjusters, or other third parties, retained by <br />Borrower shall not be paid out of the insurance proceeds and shall be Ihe sole obligation of Borrower. J I' <br />the resloration or repair is not economically feasible or Lemler's security would be lessened, the iusur,llIu' <br />proceeds shall Iw applied to the Slims secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower. Such iusurance proceeds shall be applied in the order provided for in <br />Sect ion L. <br />If Borrower abandons the Property, Lender may file, negotiate and setlle any availahle insurance <br />claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that IIw <br />insurance carrier has of Ie red 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, or if I,ender acquires the Properly under <br />Seclion 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurano' <br />proceeds ill an amounl nol 10 exceed the amounts unpaid under the Note or Ihis S('curity ]nstnllllellt, and <br />(ili all\' olher of Borrower's rigbls (ollwr than the right to any refund of llneamed premiums paid hy <br />Borrower) under all insurance policies covering the Properly, insofar as such righls arc applicable 10 the <br />co\'erage of the Properly. Lender may use the insurance proceeds either 10 repair or reslore lIw Properly or <br />to pay amounls unpaid under the Note or this Security Instrumenl, whether or not Ihen due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residenu' within un days after the execution of this Security Inslrumenl aud shall conlinue to occupy Ihe <br />Property as Borrower's principal residence for at leasl one year after Ihe date of occupancy. unless Lender <br />otherwisl' agrees in writing, which consenl shall not be unreasonably withheld, or unless eXh'nuatillg <br />rircuillslilllces exist which are beyond Borrowl~r's control. <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 ill <br />order 10 prevent the Property from deterioraling or decreasing in value due to its condition. Unless it is <br />determined pursuant 10 Section 5 that repair or restoration is not economically feasible, Borrower shall <br />prOlnptly repair the Property if danlaged to avoid further delerioration or damage. If insurance or <br />cOllllemn,llion proceeds arc paid in cOlllJeclion with damage to, or the laking of, Ihe Propl'rty. Borrower <br />"hall lw responsibk for repairing or resloring the Property only if Lellller 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 Ihe work is completed. If Ihe insurance or condemnation proceeds are not sufficient <br />to repair or restore Ihe Property, Borrower is not relieved of Borrower's obligation for the complel ion of <br />sllcll repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspeclions of IIw Property. If il has <br />reasonahk cause, Lender may inspecllhe interior of lhe improvements on II1\' Properly. Lemler shall give <br />Borrower notice at Ihe lime of or prior to such an interior inspection specifying such reasonable canse. <br />3. norrower's Loan Application. Borrower shall be in defaull if, during the Loan application <br />process, Borrower or any persons or entities acting at the direclioll of Borrower or with Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurale information or stalemenls to Lender <br />(or failed to provide Lender with materia] information) in connection with the Loan. Material <br />representations include, but are not limited 10, representations concerning Borrower's occupancy of Ihe <br />Properly as Borrower's principal residence. <br /> <br />002004634292 <br />.-6A(NE) (0401)01 <br />tV <br /> <br />I '"l"'''C:..E ' L <br /> <br />P~g(! 7 of 15 <br /> <br />Form 3028 1/01 <br />CiliMorlgagl' :U. .I1l)1 V'I <br />