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<br />200710274 <br /> <br />CASE #: NE3212488473703 DOC 1D #: 00018092664511007 <br />Second, to any taxes, special assessment'l, leasehold payments or ground rent'l, and fire, flood and other <br />hazard insurance premiums, as required; <br />Third, to intere.'lt due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, <br />whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, <br />for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that <br />Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or <br />subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried <br />with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall <br />include loss payable clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if <br />not made promptly by Borrower. Bach insurance company concerned is hereby authorized and directed to make <br />payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. Allor any part of the <br />insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the <br />Note and this SecurityJnstrument, first to any delinquent amounts applied in the order in paragraph 3, and then to <br />prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds <br />to the principal shall not extend or postpone the due date of the monthly payments' which are referred to in <br />paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to <br />pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally <br />entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes <br />the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the <br />purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br />Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence <br />within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the <br />Property) and shall continue to occupy the Property all Borrower's principal residence for at least one year after the <br />date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless <br />extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any <br />extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the <br />Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if <br />the Property is vacant or abandoned or the loan is in default. Lender may take rea'lonable action to protect and <br />preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan <br />application process, gave materially false or inaccurate information or statements to Lender (or failed to provide <br />Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited <br />to, representations concerning Borrower's occupancy of the Property all a principal residence. If this Security <br />Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title <br />to the Property, the lea'lehold and fee title shall not be merged unless Lender agrees to the merger in writing. <br />6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection <br />with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are <br />hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness. that remains unpaid <br />under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness <br />under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in <br />paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend <br />or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of <br />such payment'l. Any excess proceeds over an amount required to pay all out'ltanding indebtedness under the Note <br />and this Security Instrument shall be paid to the entity legally entitled thereto. <br />7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all <br />governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay <br />these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect <br />Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipt'l <br />evidencing the.'le payments. <br />If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any <br />other covenant'l and agreement'l contained in this Security Instrument, or there is a legal proceeding that may <br />significantly affect Lender's rights in the Property (such a'll a proceeding in bankruptcy, for condemnation or to <br />enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property <br />and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in <br />paragraph 2. <br />Any amount.'l disbursed by Lender under this paragraph shall become an additional debt of Borrower and be <br />secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note <br />rate, and at the option of Lender, shall be immediately due and payable. <br />Borrower shall promptly discharge any lien which hall priority over this Security Instrument unless Borrower: <br />(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) <br />contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the <br />Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any <br /> <br />. -4N(NE) (0407) <br /><ll <br /> <br />CHL (09/05) <br /> <br />Page 3 016 <br />