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201407154 <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 />7. 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 <br />Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing <br />the value of the Property, and securing and /or repairing the Property. Lender's actions can include, but are not <br />limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in <br />court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but <br />is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, <br />drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities <br />turned on or off. Although Lender may take action under this Section 7, Lender does not have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions <br />authorized under this Section 7. <br />Any amounts disbursed by Lender under this Section 7 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 />8. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or <br />any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in <br />Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of <br />Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of <br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's <br />acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than <br />the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />9. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this <br />Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to <br />mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) <br />is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of <br />this Security Instrument or the Note without the co- signer's consent. <br />Subject to the provisions of Section 9, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's <br />rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and <br />liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. <br />