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201901123 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this <br />Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's <br />interest in the Property and/or rights under this Security Instrument (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain <br />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 <br />to protect Lender's interest in the Property and rights under this Security Instrument, including <br />protecting and/or assessing the value of the Property, and securing and/or repairing the <br />Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a <br />lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying <br />reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security <br />Instrument, including its secured position in a bankruptcy proceeding. Securing the Property <br />includes, but is not limited to, entering the Property to make repairs, change locks, replace or <br />board up doors and windows, drain water from pipes, eliminate building or other code <br />violations or dangerous conditions, and have utilities turned on or off. Although Lender may <br />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 <br />authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of <br />Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate <br />from the date of disbursement and shall be payable, with such interest, upon notice from Lender <br />to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the <br />provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee <br />title shall not merge unless Lender agrees to the merger in writing. <br />10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds <br />are hereby assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration <br />or repair of the Property, if the restoration or repair is economically feasible and Lender's <br />security is not lessened. During such repair and restoration period, Lender shall have the right <br />to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such <br />inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a <br />single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings <br />on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. <br />FHA Security Instrument -NE Published September 2014 <br />FH3028-09 (1/15) (Page 9 of 16) <br />