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<br />200710609 <br /> <br />required by Lender, for damage to, .or destruetian of, the Property, such palicy shall include a standard <br />martgage clause and shall name Lender as mortgagee and/ar as an additional lass payee. <br />In the event .of lass, Borrower shall give prompt natice to the insurance carrier and Lender. Lender <br />may make proof of lass if nat made promptly by Barrawer. Unless Lender and Barrower otherwise <br />agree in writing, any insurance proceeds, whether .or nat the underlying insurance was required by <br />Lender, shall be applied ta restaratian or repair .of the Property, if the restaratian or repair is <br />economically feasible and Lender's security is not lessened. During such repair and restaration period, <br />Lender shall have the right ta hald such insurance proceeds until Lender has had an opportunity to <br />inspect such Property ta ensure the wark has been completed ta Lender's satisfactian, provided that such <br />inspection shall be undertaken pramptly. Lender may disburse proceeds for the repairs and restoration in <br />a single payment .or in a series .of progress payments as the wark is completed. Unless an agreement is <br />made in writing or Applicable Law requires interest to be paid an such insurance proceeds, Lender shall <br />nat be required ta pay Borrower any interest or earnings on such praceeds. Fees far public adjusters, .or <br />ather third parties, retained by Borrawer shall not be paid out .of the insurance proceeds and shall be the <br />sole abligatian of Borrawer. If the restoratian .or repair is not ecanamically feasible .or Lender's security <br />would be lessened, the insurance proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or nat then due, with the excess, if any, paid ta Borrawer. Such insurance proceeds <br />shall be applied in the order provided far in Sectian 2. <br />If Barrower abandans the Property, Lender may file, negatiate and settle any available insurance <br />claim and related matters. If Borrawer does not respand within 30 days ta a notice from Lender that the <br />insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The <br />30-day period will begin when the notice is given. In either event, or if Lender acquires the Property <br />under Section 20 or otherwise, Borrower hereby assigns to Lender (a) Borrawer's rights to any insurance <br />proceeds in an amount nat ta exceed the amaunts unpaid under the Nate or this Security Instrument, and <br />(b) any other .of Borrower's rights (other than the right to any refund of unearned premiums paid by <br />Barrower) under all insurance policies cavering the Property, insofar as such rights are applicable to the <br />caverage of the Property. Lender may use the insurance proceeds either to repair or restare the Property <br />or to pay amounts unpaid under the Nate .or this Security Instrument, whether .or not then due. <br />5. Occupancy. Barrawer shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the executian .of this Security Instrument and shall continue ta .occupy the <br />Property as Barrower's principal residence far at least one year after the date of occupancy, unless <br />Lender otherwise agrees in writing, which cansent shall not be unreasonably withheld, .or unless <br />extenuating circumstances exist which arc beyond Barrawer's control. <br />6. Preservation, Maintenance and Protection of the Property; Inspections. Barrowcr shall <br />not destroy, damage or impair the Property, allow the Praperty to deteriarate or commit waste on the <br />Property. Whether .or not Barrawer is residing in the Property, Barrawer shall maintain the Property in <br />.order to prevent the Praperty from deteriarating .or decreasing in value due ta its canditian. Unless it is <br />determined pursuant ta Sectian 4 that repair or restoratian is nat ecanamically feasible, Barrawer shall <br />promptly repair the Property if damaged ta avaid further deteriaratian .or damage. If insurance .or <br />candemnation praceeds are paid in cannectian with damage ta, .or the taking .of, the Property, Borrawer <br />shall be respansible far repairing .or restaring the Property .only if Lender has released proceeds far such <br />purpases. Lender may disburse praceeds for the repairs and restaratian in a single payment .or in a series <br />of progress payments as the work is campleted. If the insurance or condemnatian proceeds are not <br />sufficient ta repair .or restare the Praperty, Barrawer is nat relieved of Barrower's abligatian for the <br />campletion .of such repair or restaratian. <br />Lender .or its agent may make reasanable entries upan and inspections .of the Property. If it has <br />reasanable cause, Lender may inspect the interiar of the improvements an the Property. Lender shall <br />give Barrower natice at the time .of .or prior ta such an interiar inspectian specifying such reasanable <br />cause. <br />7. Bor.rower's Loan Application. B.orrawer shall be in default if, during the Loan applieatian <br />process, Barrower .or any persans .or entities acting at the directian .of Borrawer .or with Barrawer's <br />knawledge .or cansent gave materially false, misleading, .or inaccurate infarmatian .or statements ta <br />Lender (.or failed ta pravide Lender with material infarmatian) in connectian with the Loan. Material <br />representatians include, but are nat limited ta, representations cancerning Barrawer's .occupancy .of the <br />Property as Borrawer's principal residence. <br />8. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. If (a) Barrawer fails ta perfarm the cavenants and agreements cantained in this Security <br />Instrument, (b) there is a legal praceeding that might significantly affect Lender's interest in the Property <br />and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for <br />candemnatian .or farfeiture, far enfarcement .of a lien which may attain priarity aver this Security <br /> <br />Page 4 of 10 <br /> <br />NE.2029-1206 <br />