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Deed of Trust / Mortgage insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to KNOW BEFORE YOU OWE: CLOSINGLender's satisfaction, TIME provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law Deed of Trustrequires interest/ to beMortgage paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this This document may be called the SecuritySecurity Instrument, Instrument, whether Deed or notof then Trust, due, wi th the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. or Mortgage. When you sign this document, youIf Borrower are givingabandons the the Property, lender Lender may file, negotiate and settle any available the right to take your property by foreclosureinsurance if claimyou and fail related to mapaytters. your If Borrower does not respond within 30 days to a notice mortgage according to the terms you’ve agreedfrom Lender to.that theThis insurance document carrier has offere d to settle a claim, then Lender may negotiate restates the basic information included in andthe settle Promissory the claim. The 30-day Note, period as will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender well as explains your responsibilities and rights(a) Borrower's as arights borrower. to any insurance The proceeds in an amount not to exceed the amounts unpaid Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as mortgagee refers to the lender or the “recipientunder the Note of orthe this Securitymortgage.” Instrument, and (b) any other of Borrower's rights (other than the either an individual litigant or the member of a class) that arises from the other party's actions right to any refund of unearned premiums paid by Borrower) under all insurance policies pursuant to this Security Instrument or that alleges that the other party has breached any covering the Property, insofar as such rights are applicable to the coverage of the Property. provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts Breaking down the Lender has notified the other party (with such notice given in compliance with the requirements unpaid underBorrower the Noteshall orpromptly this Security give Lender Instrument, written whether notice orof not(a) anythen investigation, due. claim, of Section 15) of such alleged breach and afforded the other party hereto a reasonable period Mortgage demand,6. lawsuit Occupancy. or other Borrower action by shall any occupy, governmental establish, or regulatoryand use the agency Property or privateas Borrower's party after the giving of such notice to take corrective action. If Applicable Law provides a time period principalinvolving residence the Property within and 60 any days Hazardous after the Substance execution orof Environmentalthis Security Instrument Law of which and shallBorrower which must elapse before certain action can be taken, that time period will be deemed to be continuehas actual to knowledge, occupy the (b)Property any Environmenta as Borrower'sl Condition, principal residence including fo butr at not least limited one year to, any after the Section 6: Note that if Section reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure datespilling, of occupancy, leaking, discharge, unless Lende releasr eotherwise or threat agreesof release in writi of anyng, Hazardouswhich consent Substance, shall not and be (c) any given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower 6 states that you will occupy unreasonablycondition caused withheld, by the orpresence, unless extenuating use or release circumstances of a Hazardous exist Substance which are which beyond adversely Borrower's pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective control.affects the value of the Property. If Borrower learns, or is notified by any governmental or the property as your principal action provisions of this Section 20. regulatory authority, or any private party, that any removal or other remediation of any residence, then you must do so. If 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are HazardousCalifornia Substance -- Single Familyaffecting -- Fannie the Mae/Freddie Property Macis necessary, UNIFORM INSTRUMENT Borrower Form shall 3005 promptly 1/01 (Page take 9 of 22)all those substances defined as toxic or hazardous substances, pollutants, or wastes by you do not move in and continue necessary remedial actions in accordance with Environmental Law. Nothing herein shall create Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic to use the property as your any obligation on Lender for an Environmental Cleanup. petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing principal residence according to asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as the conditions in this section, you laws and laws of the jurisdiction where the Property is located that relate to health, safety or follows: environmental protection; (c) "Environmental Cleanup" includes any response action, remedial could risk foreclosure. 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to action, or removal action, as defined in Environmental Law; and (d) an "Environmental acceleration following Borrower's breach of any covenant or agreement in this Security Condition" means a condition that can cause, contribute to, or otherwise trigger an Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides Section 21: This states that Environmental Cleanup. otherwise). The notice shall specify: (a) the default; (b) the action required to cure the you are not allowed to store Borrower shall not cause or permit the presence, use, disposal, storage, or release of any default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. hazardous materials in your which the default must be cured; and (d) that failure to cure the default on or before the Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in date specified in the notice may result in acceleration of the sums secured by this Security home. If you do, you are violating violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) Instrument and sale of the Property. The notice shall further inform Borrower of the right the terms of your loan and your which, due to the presence, use, or release of a Hazardous Substance, creates a condition that to reinstate after acceleration and the right to bring a court action to assert the lender could foreclose. adversely affects the value of the Property. The preceding two sentences shall not apply to the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the Sectionpresence, 22: use, orThis storage states on the Property that of if sm all quantitiesdeclare of Hazardous your Substances loan that in are default. default is not cured on or before the date specified in the notice, Lender at its option may you dogenerally not recognized make to your be appropr monthlyiate to normal residentialIf youruses and loan to maintenance is in default,of the your Get a copy of a sample require immediate payment in full of all sums secured by this Security Instrument without mortgageProperty (including, payments but not limitedon time, to, hazar dous substanceslender in consumer has products). a right to demand Deed of Trust further demand and may invoke the power of sale and any other remedies permitted by or if you do not abide by the that you pay your entire loan off ApplicableCalifornia Law. -- Single Lender Family --shall Fannie be Mae/Freddie entitled Macto collectUNIFORM all INSTRUMENT expenses Formincurred 3005 1/01 in (Page pursuing 19 of 22) the otherremedies conditions provided in of this the Section loan 22, including, (e.g. but notimmediately. limited to, reasonable If attorneys'you can’t pay, havingfees andcurrent costs of titlehomeowners evidence. the lender can start foreclosure insurance), your lender can proceedings. California -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3005 1/01 (Page 20 of 22) Consumer Financial Protection Bureau Learn more at consumerfinance.gov/owning-a-home.
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