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20080001.2 Preservation, Maintenance and Protection ofthe Property; Borrower's Loan Application; Leaseholds. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or procetxling, whether civil or criminal, is beglUl that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in section titIed Borrower's Right to Reinstate, by causing the action or procetxling to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture oethe Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inac('"UTate infbrmation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenctxl by the Contract. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee titIe shall not merge unless Lender agrees to the merger in writing. . Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agrcem(,llts contained in this Security Instrument, or there is a legal proceeding that may significantIy affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and enk'ring on the Property to make repairs. Although Lender may take action under this section, Lender does not have to do so. Any amounts disbursed by Lender lUlder this section shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the same rate assessed on advances Wider the Contract and shall be payable, Witll interest, upon notice from Lender to Borrower requesting payment. Inspection. Lender or its agent may make reasonable entries upon and inspections of tIle Property. Lender shall .i give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or otIler taking of any part of the Property, or for conveyance in lieu of condenmation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, tIle proceeds shall be applied to tIle sums securtxl by this Security Instrument, whetller or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before tIle taking is equal to or greater than the amount of the sums secured by this Security Instrument shall be reduced by the amount of the procetxls multiplied by the following fraction: (a) the total amOWlt of the sums secured immediately before the taking, divided by (b) tlle fair market value oftlle Property immediately before tlle taking. Any balance shall be paid to Borrower. In tIle event of a partial taking of the Property in which tIle fair market value of the Property immediately before the taking is less than tIle amount of tIle sums secured immediately before the taking,lUlless Borrower and Lender otherwise agree in writing or wlk~s Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by tIlls Security Instrument whether or not the sums are tI1Cll due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimum number of days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the proceeds, at it~ option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otllerwise agree in writing, any application of proceeds to principal shall not extClHI or postpone tIle due date of the payments due lUlder the Contract or change the amount of such payments. @2004.2007Copyright Complialloo Sy>l'em<. lno. 8C9C-IFC9 . 2007.01.201 C011Sumer Real. Est.at.e . SO(';lUity IJlSt.rument DL2036 Pag03 of7 WWW.CUIHplitLIwesysteffJ.S .(lom 800-968-8522- Fax 616.956.1868