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<br />200808457 <br /> <br />work has been completed to Lender' ~ ~atisfaction, provided that such in~peclion shldl bc undertaken <br />promptly. Lender may di~burse proceeds for the repair~ and restoration in a single payment or in a series <br />of progress paymcnts as the work is completed. Unless an agreement is made in writing or Applicable Law <br />requires interest to be paid on such insurance proceeds, Lcndcr shall not be required to pay Borrowcr any <br />interest or earnings on such proceeds. Fccs for public adjusters, or other third parties, retained by <br />Borrower shall not be paid out of the insurance procccds and shall be the sole obligation of Horrower. If <br />thc restoration or repair is not cconomically fcasible or Lcndcr' s sccurity would bc lessened, the insurancc <br />procceds shall be applied to the sums secured by this Seeurity lnstmment, whethcr or not then due, with <br />the excess, if any, paid to Borrower. Such insurance procecds shall be applied in the order providcd for in <br />Section 2. <br />If Horrower abandons the Property, Lender may file, negotiate and settle any available insurance <br />claim and related matters. If Borrower docs not respond within 30 days to a nolice from Lender that thc <br />insurance carrier has offered to settle a claim, then Lendcr may negotiate and settle the claim. The 30-day <br />period will begin when the notice is given. In either event, or if Lender acquires the Property under <br />Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurancc <br />proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and <br />(b) any othcr of Borrower's rights (other than the right to any refund of unearned premiums paid by <br />Horrower) under all insurance policies covering the Property, insofar as such rights arc applicable to the <br />coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or <br />to pay amounts unpaid undcr lhe Note or this Security Instrument, whether or not then due. <br />6. Occupancy. Horrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of this Security Instrument lmd shall continue to occupy the <br />Property as Borrower's principal residcnce for at least one year after the date or occupancy, unless Lender <br />otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating <br />circumsllmces exist which are beyond Borrower' ~ control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damagc or impair the Property, allow the Properly to deteriorate or commit waste on the <br />Property. Whether or not BOlTower is residing in the Property, Borrower shall maintain the Property in <br />order to prevcnt the Property from deteriorating or decreasing in value due to its condition. Unless it is <br />determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall <br />promptly repair the Property if damaged to avoid further deterioration or damagc. If insurance or <br />condemnation procccds arc paid in conncction with damage to, or thc taking of, the Propcrty, Horrower <br />shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such <br />purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of <br />progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient <br />to repair or restore the Property, Borrower is not relieved of Borrower's obligation for lhe completion of <br />such repair or restoration. <br />Lender or its agcnt may make reasonable entries upon and inspections of the Property. If it has <br />reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give <br />Horrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan ApplIcation. Horrower shall be in default if, during the Loan application <br />process, Horrower or any persons or entities acting at the direction of Horrower or with Borrower's <br />knowledgc or consent gave materially false, misleading, or inaccurate information or statements to Lender <br />(or failed to provide Lcnder with material information) in connection with the Loan. Material <br />representations include, but are not limited to, represcntations concerning Borrower's occupancy of the <br />Property as Borrower's principal Fesidence. <br /> <br />000657107865 <br /> <br />TDG. <br />Initials: -Tt'G- <br /> <br />.-6A(NE) (0407)01 <br />$ <br /> <br />Page 7 of 15 <br /> <br />FonT! 3028 1/01 <br />