<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
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