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<br />200708699 <br /> <br />work has been COIPpleted to Lender's satisfaction, provided that IJUCh inspection shall be undertaken <br />promptly. Lender may disburse proceeds for the :repairs and restoration in a single payment or in a series <br />of progress payments as the work is completed. Utiless 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 fur public adjusters, or other third parnes, retained by <br />Borrowlr shall not be paid out of the insu.rance proceeds and shall be the sole obligation of Borrower. If <br />the restoration or repair is not economically feas1'ble or Lender's security would be lessened, the insurance <br />proceeds shall be applied to the sums ~ by this Security Iustrument, whether or not then due, with <br />the excess, if any. paid to Bouower. Such iJlsurance proceeds shall be applied in the order provided for in <br />Section 2. <br />If Borrower ab8Ddoos tho 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 />inmrance carrier bas offered to settle a claim, then Lender may negotiate and settle the claim. The 30~y <br />period will begin when the notice is given. In either event, or if Lender acquires the Property under <br />Section 22 or olherwise, 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, and <br />(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by <br />Borrower) under all insurance policies covering the Property. insofar as such rights are applicable to the <br />coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or <br />to pay amounts unpaid under the Note or this Security Instrmnent, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Properly as Borrower's principal <br />residence within 60 days after the execution of this Security lDst:rtJmlmt and shaD continue to occnpy the <br />Property as Borrower's principal residence for at least 01Ill year after the date of occnpancy, unless Lender <br />otherwise agrees in writing, wbich consent shall not be unreasonably wi~ld, or unless extenuating <br />circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower aball 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 />detennined 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 paid in connection with damage to, or the taking of, the Property, BOllower <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. IT 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 inlpect 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 in default if, during the Loan application <br />process, Bonower or any persons or entities acting at the direction of Borrower or with Botrower's <br />knowledge or consent gave materially false. misleading, or inaccurate infonnation or statements to Lender <br />(or faUed to provide Lender with material information) in CODDCCt1.on with the Loan. Material <br />representatioJJs include, but ue DOt limited to, representations concerning Borrower's occupancy of the <br />Property as Borrower's principal residence. <br /> <br />_6(NE) (00061 <br /> <br />P~. 7 of 16 <br /> <br />i)~ <br /> <br />Fonn 3028 1101 <br /> <br />~~~~~-----~~~- .,~,,",.._. <br />