Laserfiche WebLink
202500253 <br />9. Protection of Seller's Interest in the Property and Rights Under this Security Instrument. If (a) <br />Buyer fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might significantly affect Seller'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) Buyer has <br />abandoned the Property, then Seller may do and pay for whatever is reasonable or appropriate to protect Seller'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. Seller'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 pipes, <br />eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although <br />Seller may take action under this Section 9, Seller does not have to do so and is not under any duty or obligation to <br />do so. It is agreed that Seller incurs no liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Seller under this Section 9 shall become additional debt of Buyer secured by <br />this Security Instrument. These amounts shall be payable upon notice from Seller to Buyer requesting payment. <br />If this Security Instrument is on a leasehold, Buyer shall comply with all the provisions of the lease. If <br />Buyer acquires fee title to the Property, the leasehold and the fee title shall not merge unless Seller agrees to the <br />merger in writing. <br />10. Mortgage Insurance. If Seller required Mortgage Insurance as a condition of creating the Murabaha <br />Debt, Buyer shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the <br />Mortgage Insurance coverage required by Seller ceases to be available from the mortgage insurer that previously <br />provided such insurance and Buyer was required to make separately designated payments toward the premiums for <br />Mortgage Insurance, Buyer shall pay the premiums required to obtain coverage substantially equivalent to the <br />Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Buyer of the Mortgage <br />Insurance previously in effect, from an alternate mortgage insurer approved by Seller. If substantially equivalent <br />Mortgage Insurance coverage is not available, Buyer shall continue to pay to Seller the amount of the separately <br />designated payments that were due when the insurance coverage ceased to be in effect. Seller will accept, use and <br />retain these payments as a nonrefundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non- <br />refundable, notwithstanding the fact that the Murabaha Debt is ultimately paid in full, and Seller shall not be <br />required to pay Buyer any interest or earnings on such loss reserve. Seller can no longer require loss reserve <br />payments if Mortgage Insurance coverage (in the amount and for the period that Seller requires) provided by an <br />insurer selected by Seller again becomes available, is obtained, and Seller requires separately designated payments <br />toward the premiums for Mortgage Insurance. If Seller required Mortgage Insurance as a condition of establishing <br />the Murabaha Debt and Buyer was required to make separately designated payments toward the premiums for <br />Mortgage Insurance, Buyer shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide <br />a nonrefundable loss reserve, until Seller's requirement for Mortgage Insurance ends in accordance with any written <br />agreement between Buyer and Seller providing for such termination or until termination is required by Applicable <br />Law. <br />Mortgage Insurance reimburses Seller (or any entity that purchases the Note) for certain losses it may incur <br />if Buyer does not repay the Murabaha Debt as agreed. Buyer is not a party to the Mortgage Insurance. Mortgage <br />insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with <br />other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are <br />satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have <br />available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Seller, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or <br />might be characterized as) a portion of Buyer's payments for Mortgage Insurance, in exchange for sharing or <br />modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Seller takes <br />a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often <br />termed "captive reinsurance." Further: <br />