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200501179 <br />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 <br />of progress payments 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, Lender shall not be required to pay Borrower any <br />interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by <br />Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower If' <br />the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance <br />proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower Such insurance proceeds shall be applied in the order provided for in <br />Section 2 <br />If' Bonower abandons the Property, Lender may file, negotiate and settle any available insurance <br />claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the <br />insurance carrier has offered to settle a claim, then Lender 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 insurance <br />proceeds in an amount not to exceed the amounts unpaid under the Note 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 />Borrower) under all insurance policies covering the Property, insofar as such rights are 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 under the 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 Instrument and shall continue to occupy the <br />Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender <br />otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating <br />circumstances exist which are beyond Borrower's 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 waste on the <br />Property Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in <br />order to prevent 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 damage. If insurance or <br />condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower <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 the completion of <br />such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has <br />reasonable cause, Iender may inspect the interior of the improvements on the Property. Lender shall 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 if; during the Loan application <br />process, Borrower or any persons or entities acting at the direction of Borrower or with Bonower's <br />knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender <br />(or failed to provide Lender with material information) in connection with the Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the <br />Property as Borrower's principal residence <br />U/6 gInitial& <br />VMP-6A(NE) poos) Page 7 of 15 Form 3028 1101 <br />