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200500069 <br />interest or earnings on such proceeds. Pees for public adjusters, or other third parties, retained by Borrower <br />shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration <br />IT =pair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be <br />applied to the suns secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. Such fnsuan <br />rce proceeds shalt be applied in the order provided for in Section 2. <br />If Borrower abandons the Property. Lender may rile, negotiate and settle any available insurance claim <br />and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance <br />carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The nnde ay period <br />no 22 or <br />begin when the notice is given. In either event, or 1f Lender acquires the Property <br />otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount <br />not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's <br />rights (other than the right to any refund of untamed premiums paid by Borrower) under all insurance <br />policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender <br />may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the <br />Note or this Security Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of this Security Inshumem and shall continue to occupy the <br />Property as Borrower's principal residence for at least one year after One date of occupancy, unless Lender <br />otherwise agrees in wasting, which consent shall not be unreasonably withheld, or unless extnmating <br />circumstances exist which are beyond Borrowers control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damage or impair the Property, allow the Property to deteriorate or commit Property in Property <br />whether or not Borrower is residing m the Property, <br />prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined <br />pnrsuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair <br />the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are <br />paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing <br />or restoring the Property only if Leader has released proceeds for such purposes. Lender may disburse <br />proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is <br />completed If the insurance or condemnation proceeds arc not sufficient to repair or restore the Property, <br />i <br />Borrower s not relieved ofBoomwer's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Prroperty shall has <br />reasonable cause, Larder may inspect the interior of the improvements on the Property. give <br />Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default nI during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrow. or with Borrower's knowledge or <br />consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to <br />provide Lender with material information) in connection with the Loan. Material representations include, but <br />me not limited to, representations concerning Borrower's occupancy of the Property as Borrowers principal <br />residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security instrument- If <br />(a) Borrow. fails to perform the covenants and agreements contained in this Security Instrument, (b) <br />is a legal proceeding that might significantly affect Lender's interest in the Property, and/or rights and. this <br />Security hisbrument (such as a proceeding to bankruptcy, probate, for cundemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrument or m enforce laws or <br />regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is <br />reasonable or appropriate to protect Lender's interest m the Properly and rights under this Security <br />Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the <br />Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which <br />I,Y�gb: c <br />AM6NE (ww) Poe•r m is C/ Form 3029 1101 <br />0103584306 -5665 <br />12/18/2004 8:54:16 olF olNdogn {���� <br />