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i i ,: i <br />Ne3028.dot.xml <br />applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the <br />periy or to pay amounts unpaid under the Note or this Security Instrument, wfiether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Bonower's principal residence <br />hin 60 days after the execution of this 5ecurity Instrument and sha11 continue to occupy the Property as Borrower's <br />icipal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which <br />sent sha11 not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Bonower's <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower sha11 not destroy, <br />�cnage or impair the Property, a11ow the Property to deteriorate or commit waste on the Property. Whether or not <br />onower is residing in the Property, Borrower sha11 maintain the Property in order to prevent the Property from <br />�teriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or <br />storation is not economically feasible, Borrower sha11 promptly repair the Property if damaged to avoid further <br />�terioration or damage. If insurance or condemnation proceeds aze paid in connection with damage to, or the taking <br />f, the Property, Borrower shall be responsible for repairing or restoring the Properly only if Lender has released <br />roceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in <br />series of progress payments as the work is completed. If the insurance or condemnation proceeds aze not sufficient <br />� repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair <br />r restoration. <br />Lender or its agent may make zeasonable entries upon and inspections of the Properiy. If it has reasonable cause, <br />ender may inspect the interior of the improvements on the Property. Lender sha11 give Borrower notice at the time <br />F or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Bonower sha11 be in default if, during the Loan application process, <br />orrower or any persons or entities acting at the direction of Bonower or with Bonower's knowledge or consent gave <br />�aterially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with <br />�aterial information) in connection with the Loan. Material representations include, but are not limited to, <br />presentations concerning Borrower's occupancy of the Properly as Bonower's principal residence. <br />9. Protection of Lender's Inter�t in the Property and Rights Under this Security Instrument. If (a) <br />onower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />�oceeding that might significantly affect Lender's interest in the Properly and/or rights under this Security Instrument <br />uch as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may <br />tain priority over fhis Security Instrutnent or to enforce laws or regulations), or (c) Bonower has abandoned the <br />roperty, then Lender may do and pay for whatever is reasonable or appropriate to protect L.ender's interest in the <br />roperiy and rights under this Security Instrument, including protecting and/or assessing the value of the Property, <br />id securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums <br />�ured by a lien which has priority over this Se�urity Instrument; (b) appearing in court; and (c) paying reasonable <br />torneys' fees to protect its interest in the Properly and/or rights under this Security Insriument, including its se�cured <br />�sition in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to <br />�ake repairs, change locks, replace or boazd up doors and windows, drain water from pipes, eliminate building or <br />her code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action <br />ider this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agrced that <br />ender incurs no liability for not taking any or a11 actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 sha11 become additional debt of Borrower secured by this <br />;curity Instrument. These amounts sha11 bear interest at the Note rate from the date of disbursement and sha11 be <br />�yable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Bonower shall comply with a11 the provisions of the lease. <br />onower sha11 not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. <br />orrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower <br />;quires fee title to the Properiy, the leasehold and the fee title sha11 not merge unless Lender agrees to the merger <br />i writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower <br />ia11 pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage <br />�surance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such <br />�surance and Bonower was required to make separately designated payments toward the premiums for Mortgage <br />�surance, Bonower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage <br />�surance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance <br />�eviously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage <br />�surance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated <br />�yments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />�yments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve sha11 be non-refundable, <br />�twithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any <br />�terest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance <br />�verage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again <br />�omes available, is obtained, and Lender requires separately designated payments toward the premiums for <br />[ortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was <br />�quired to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay <br />�e pretniums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until <br />ender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />ASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMagPc � <br />3028 1/01 Page 5 of 11 www,docmagic.com <br />� <br />