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<br />200709078 <br /> <br />work has been completed to Lender's satisfaction, provided !llBt such 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. 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 other third ]J<1fties, retained by <br />Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If <br />tlle restoration or repair is not economically feasible or Lender's security would be lessened, the insurance <br />proceeds shall be applied to the swns secured by Ulis Security lnstrwnent, wheUler 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 WiUlin 30 days to a noticc from Lender Ulat tlle <br />insurance carrier has offered to settle a claim, Ulen Lender may negotiate and settle the claim. The 3D-day <br />period will begin when the notice is given. In eiUler event, or if Lender acquires the Property under <br />Section 22 or oUterwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />proceeds in an am01U1t not to exceed the illnounts wtpaid lUlder Ule Note or this Security Instrwnent, and <br />(b) any oUter of Borrower's rights (oUter Ulan the right to illty reflUtd of llitearned premiwns paid by <br />Borrower) lUlder all lltsurilltCe policies covering Ule Property, insofar as such rights are applicable to the <br />coverage of Ule Property. Lender may use the Utsurilllce proceeds eiUter to repair or restore Ule Property or <br />to pay illnowlts unpaid wtder the Note or this Security Instrument, wheUter or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of Ulis Security Instnunent illtd shall continue to occupy Ule <br />Property as Borrower's principal residence for at least one year after the date of occupancy, lUllcss Lender <br />otherwise agrees in ,witing, which consent shall not be unreasonably withheld, or wlless extenuating <br />circwnstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Prollel1y; Inspections. Borrower shall not <br />destroy, damage or unpair the Property, allow the Property to deteriorate or conunit waste on the <br />Property. Whe!ller or not Borrower is residing in Ule Property, Borrower shall maintain the Property III <br />order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is <br />determined pursumtt to Section 5 that repair or restoration is not economically feasible, Borrower shall <br />promptly repair the Properly if damaged to avoid further deterioration or damage. If inSUfilllce or <br />condenmation proceeds are paid in cOlmection WiUl damage to, or the taking of, Ule Property, Borrower <br />shall be responsible for repairing or restoring Ute 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 condenmation proceeds are not sufficient <br />to repair or restore Ule Property, Borrower is not relieved of Borrower's obligation for Ule completion of <br />such repair or restoration. <br />Lender or its agent lIlay make reasonable entries upon mtd inspections of Ule Properly. If it has <br />reasonable cause, Lender may inspect !lte interior of tile improvements on tile Property. Lender shall give <br />Borrower notice at tile tune of or prior to such an interior inspection specifying such reasonable cause. <br />8. Boollwcr's LoaD Application. Borrower shall be in default if, dw'ing Ute LOillt application <br />process, Borrower or illty persons or entities acting at Ute direction of Borrower or WiUl Borrower's <br />knowledge or consent gave materially false, misleadutg, or inaccmate information or statements to Lender <br />(or failed to provide Lender WiUl material information) in cormection wiUI Ule Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's OCCUPilllCY of the <br />Property as Borrower's principal residence. <br /> <br />$.~ <br /> <br />8800278337 <br /> <br />l"i\ialS:~ <br /> <br />8800278337 <br /> <br />.-SA(NE) (0401).01 <br />@ <br /> <br />Page 7 or 15 <br /> <br />Form 3028 1/01 <br />