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<br />2 007 10%'''' <br /> <br />coverage, not otherwise required by Lender, for damage to, or destruction of: the Property, such policy shall include a <br />standard mortgage clause and shall name Lender as mortgagee ancl/or as an additional loss payee. <br />In the event of loss, BOlTower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />of loss ifnot made promptly by BOlTower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, <br />whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Propeliy, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress <br />payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid <br />on such insurance proceeds, Lender shall not be required to pay Borrower any interest or emnings on such proceeds. Fees for <br />public adjusters, or other third pmties, retained by Bon'ower shall not be paid out of the insurance proceeds and shall be the <br />sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, <br />the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate mId settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a <br />claim, then Lender may negotiate and settle the claim. The 3D-day period will begin when the notice is given. In either <br />event, or if Lender acquires the Property under Section 22 or otherwise, BOlTower hereby assigns to Lender (a) Borrower's <br />rights to mIY insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, <br />and (b) any other of BOlTower's rights (other than the right to any refund ofuneamed premiums paid by Borrower) under all <br />insurmIee policies covering the Propel1y, insofar as such rights me applicable to the coverage of the PropCl1y. Lender may <br />use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within <br />60 days after the execution of this Security Instrument and shall continue to occupy the Property as BOlTower's principal <br />residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not <br />be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste on thc Propel1y. Whether or not Bon'ower <br />is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or <br />decreasing in value due to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not <br />economically feasible, BOlTower shall promptly repair the Property if damaged to avoid further deterioration or damage. If <br />insurance or condemnation proceeds arc paid in connection with damage to, or the taking of, the Prope11y, Borrower shall be <br />responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may <br />disburse proceeds for the repairs mld restoration in a single payment or in a series of progress payments as the work is <br />completed. If the insurance or condemnation proceeds are not sufhcient to repair or restore the Property, Borrower is not <br />relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the interior of the irnprovements on the Property. Lender shall give BOlTower notice at the time of or <br />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 process, BorrowCl- <br />or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, <br />misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material infonnation) in <br />connection with the Loml. Material representations include, but are not limited to, representations eonceming Borrower's <br />occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in tbe Property and Rights Under this Security Iustrument. If <br />(a) Borrower L1ils to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property ancl/or rights under this Security Instrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />over this Security lnstrument or to enforce laws or regulations), or (c) BOlTower has abandoned the Property, then Lender <br /> <br />N,ib;:asl~a-D;;C" o(i';:;;;t-Singk F"i;:;TiY::-F:-lli;tie M:-i;;-iF,:,iddie Mae UNIFORMiNSfihJiVil<;N'-i'--- <br />-Tim Cl.lMI'L1ANCE S<HIRCE, IN!:.- I'age 6 of 13 <br />www.co1111J]i(Jnl:.e~(Jun:e.com <br /> <br />MERS Modified Form 3028 OllOI <br />14301 N I~ 08100 <br />~)2()on. The Compliance SOIli"tX\ Tne <br />5778896 <br /> <br />0\\\ \ \ <br />~ ~. <br />