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2oioos23� <br />a " „! rr � � � (,r <br />,i <br />Unless Lender and Barrower ptherwise agree in writing, any application of proceeds to principal sha11 not extend <br />or postpone the due date of the payments referred to in the sectioris titled Payment of Principal and �nterest; <br />Late Charges and Fands for Taxes and Insurance or change the amount of the payments. If und�r the sectian <br />titled Acceleration; Remedies, the Property is acquired by Lender, Sorrower's right to any insurance policies and <br />proceeds resulting from damage to the Properiy prior to the acquisition shall pass to Lender to the extent of the <br />sums secured by this Security Instnunent immediately prior to the acquisition. <br />Preservation, MaIntenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br />Sanower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or cotnmit waste on <br />the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun <br />that in Lender's good faith judgment could result in farfeiture of the Property or otherwise materially impair the <br />lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and <br />reinstate, as provided in section titled Borrower's Right to Relnstate, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's good faith deternunation, precludes forfeiture of the Borrower's interest in <br />the Property ar other material impairment of the lien created by this Security Instrument or Lender's security <br />interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or <br />inaccurate information or statements to Lender (or failed to provide Lender with any material informatian) in <br />connection with the loan evidenced by the Note. If this Securi.ty Instrurnent is on a leasehold, Borrower shall <br />comply with all the provisions of the lease. Tf Borrower acquires fee title to the Proparty, the leasehold and the fee <br />title shall not merge unless Lender agrees to the merger in writing. <br />Protection oF Lender's Rights in the Property. If Sorrower fails to perform the covenants and agreements <br />contained in this Security Tnstrument, or there is a legal proceeding that may significar.tly affect I.ender's rights in <br />the Properiy (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and <br />Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority <br />aver tlus Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Praperty to <br />make repairs. Although I.ender may take action under this section, Lender does not have to do so. <br />Any amounts disbursed by I.ender under this section shall become additional debt of $orrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other teirns of payrnent, these amounts shall bear <br />interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender <br />to Borrower requesting payrnent. <br />Mortgage Insurance. If Lender required mortgage insurance as a condition of �naking the loan secured by this <br />Security Instrutnent, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for <br />any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall <br />pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in <br />effect, at a cost substantially equivalent to the cost to Borrower of the rnortgage insurance previously in effect, <br />from an alternate mortgage insurer approved by Lender. If substantially equivalent martgage insurance coverage is <br />not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage <br />insurance premium b�ing paid by Borrower when the insurance coverage lapsed or ceased to be in effect. I.ender <br />will accept, use and retain these payments as a loss reserve in lieu of nnortgage insurance. Lass reserve payments <br />may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the <br />period that Lender requires) provided by an insurer approved by Lender again becom�s available and is obtained. <br />Borrower shall pay the premiums required to maintain martgage insuraa�ce in efFect, or to provide a loss reserve, <br />until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower <br />and Lender or Applicable Law. <br />Inspecdon. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notice at the time of or prior ta an inspection specifying reasonable cause for the inspection. <br />Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condernnation or other taking of any part of the Property, ar for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lendar. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the �vent of a partial taking of the <br />Property in which the fair market value of the Property irnrnediately before the taking is equal ta or greater than <br />the amount of the sums secured by this Security Instrument unmediately before the taking, unless Borrower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of <br />the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />taking, divided by (b) the fair market value of the Praperty immediately before the taking. Any balance shall be <br />paid to Borrower. In the event of a partial taking of the Property in which the fair maa'ket value of the Property <br />iznmediately before the taking is less than the amount of the sums secured immediately before the taking, unless <br />$orrower and Lender othervvise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />rnake an award or settle a claim for damages, Borrower fails to respond to I,ender within the minimum number of <br />days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the <br />proceeds, at its option, either to restoratian or repair of the Property ar ta the surns secured by this Security <br />Instrument, whether or not then due. <br />� 2004-2009 CompGance Systems, Inc. 002D-68A5 - 2009.12368 � <br />Consumer Real Esfate - Security Ins[nunert UL.2036 Page 3 pf 6 www.compliancesystems.com <br />