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�0�10�419 <br />monthly payments which are referred to in paragraph 2, or cha.nge the amount of such payments. Any excess <br />insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Security Instrument shall be paid to the entity legally entifled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of tifle to the Property that <br />extinguishes the indebtedness, all right, tifle and interest of Borrower in and to insurance policies in force <br />shall pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance �nd Protection of the Property; Borrower's Loen <br />Application; Leeseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale <br />or transfer of the Properiy) aud shall continue to occupy the Property as Borrower's principal residence for <br />at least one year after the da.te of occupancy, unless Lender determines that requirement will cause undue <br />hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. <br />Bonower shall notify Lender of any extem�ating circumstances. Borrower shall not commit waste or destroy, <br />damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear <br />excepted. Lender may inspect the Property if the Properiy is vacant or abandoned or the loan is in default. <br />Lender may take reasonable action to protect and preserve such vacant or abandoned Progerty. Borrower <br />shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate <br />information or statements to Lender (or failed to provide Lender with any material informa.tion) in <br />connection with the loan evidenced by the Note, including, but not limited to, representations concerning <br />Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a lea.sehold, <br />Borrower shall comply with the provisions of the lease. ff Borrower acquires fee title to the Properiy, the <br />leasehold and fee tifle shall not be merged unless Lender agrees to the merger in writing. <br />6. Condemnation. The proceeds of any award or claim for da.mages, direct or consequential, in connection <br />with any condemnation or other taking of any part of the Property, or for conveyance in place of <br />condemna.tion, are hereby assigned and shall be paid to Lender to the extent of the full amount of the <br />indebtedness that remains unpaid under the Note and this 5ecurity Instrument. Lender shall apply such <br />proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any <br />delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any <br />application of the proceeds to the principal shall not extend or postpone the due date of the monthly <br />payments, which are refened to in paragra.ph 2, or change the amount of such payments. Any excess <br />proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security <br />Instrument shall be paid to the entity legally entifled thereto. <br />7. Cherges to Borrower end Protection of Lender's Rights in the Property. Borrower shall pay all <br />governmental or municipal charges, fines and impositions that are not included in paragra.ph 2. Borrower <br />shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would <br />adversely affect Lender's interest in the Property, upon Lender's request Bortower shall promptly furnish to <br />Lender receipts evidencing these payments. <br />If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any <br />other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may <br />significantly affect Lender's rights in the Property (such as a proceeding in banla�uptcy, for condemnation or <br />to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the <br />Property and Lender's rights in the Properiy, including payment of taxes, hazazd inc�ransp and other items <br />mentioned in paragraph 2. <br />FHA Daed oT Trusc NE 4/98 <br />VMP � VMP4RtNE) (11061.00 <br />Wolters Kluwar Flnancial Servicas Pege 4 of 10 <br />