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<br />200709022 <br /> <br />work has been completed to Lender's satisfaction, provided that such itmpection shall be undertaken <br />promptly. Lender may disburse proceeds for tlle repairs and restoration in a single payment or in a series <br />of progress payments as ilie 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 for public adjusters, or oilier iliird parties, retained by <br />Borrower shall not be paid out of ilie insurance proceeds and shall be ilie sole obligation of Borrower. If <br />tlle restoration or repair is not economically feasible or Lender's security would be lessened, tlle insurance <br />proceeds shall be applied to tlle sums secured by this Security Instrument, whetller or not tllen due, wiili <br />tlle excess, if any, paid to Borrower. Such insurance proceeds shall be applied in tlle order provided for in <br />Section 2. <br />If Borrower abandons tlle Property, Lender may tile, negotiate and settle any available in.<mrance <br />claim and related matters. If Borrower does not respond within 30 days to a notice from Lender tllat tlle <br />insurance carrier has offered to settle a claim, ilien Lender may negotiate and settle tlle claim. The 3D-day <br />period will begin when tlle notice is given. In eitller event, or if Lender acquires tlle Property under <br />Section 22 or oilierwise, Borrower hereby assigns to Lender (a) Borrower's rights to any ilmurance <br />proceeds in an amount not to exceed the amounts unpaid under tlle Note or tllis Security Instrument, and <br />(b) any otller of Borrower's rights (otller than the right to any refund of unearned premiums paid by <br />Borrower) under all insurance policies covering tlle Property, insofar as such rights are applicable to tlle <br />coverage of tlle 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 Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use tlle Property as Borrower's principal <br />residence witllin 60 days after the execution of tllis Security Instrument and shall continue to occupy tlle <br />Property as Borrower's principal residence for at least one year after tlle date of occupancy, unless Lender <br />otllerwise agrees in writing, which con.<;ent shall not be unreasonably witlIheld, or unless extenuating <br />circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damage or impair ilie Property, allow the Property to deteriorate or commit waste on tlle <br />Property. Whetller or not Borrower is residing in tlle Property, Borrower shall maintain tlle Property in <br />order to prevent tlle 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 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 or in a series of <br />progress payments as tlle work is completed. If tlle insurance or condemnation proceeds are not sufficient <br />to repair or restore tlle 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 tlle interior of the improvements on tlle Property. Lender shall give <br />Borrower notice at tlle 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 tlle Loan application <br />process, Borrower or any persons or entities acting at tlle direction of Borrower or wiili Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender <br />(or failed to provide Lender witll material information) in connection witll tlle Loan. Material <br />representation.<; include, but are not limited to, representations concerning Borrower's occupancy of tlle <br />Property as Borrower's principal residence. <br /> <br />.. ~6(NE) (00051 <br /><!> <br /> <br />Initialsll/J j) <br /> <br />Page 7 of 15 <br /> <br />Form 3028 1/01 <br />