Laserfiche WebLink
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and <br />related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has <br />offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the <br />notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby <br />assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid <br />under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any <br />refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such <br />rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or <br />restore the Property or 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 residence <br />within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as <br />Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in <br />writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are <br />beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not <br />Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from <br />deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or <br />restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further <br />deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the <br />taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has <br />released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single <br />payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds <br />are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the <br />completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable <br />cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at <br />the time of or prior to such an interior inspection specifying such reasonable cause. <br />S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent <br />gave materially false, misleading, or inaccurate information or statements. to Lender (or failed to provide Lender <br />with material information) in connection with the Loan. Material representations include, but are not limited to, <br />representations concerning Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) <br />Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security <br />Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien <br />which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has <br />abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's <br />interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of <br />the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) <br />paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) <br />paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, <br />including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, <br />entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from <br />pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. <br />Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or <br />obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this <br />Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured <br />by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and <br />shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If <br />Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to <br />the merger in writing. <br />