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200300575 <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 seeming and/or repairing the Property. Lender's actions can include, but are not limited to: (a) <br />paying any sums seemed by a hen 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 seemed 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 />Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation <br />to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this 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 the <br />merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the <br />Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously <br />provided such insurance and Borrower was required to make separately designated payments toward the premiums <br />for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to <br />the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the <br />Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially <br />equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of <br />the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will <br />accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss <br />reserve shall be non- reWndable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall <br />not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided <br />by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated <br />payments toward the premiums for Mortgage Inaurance. If Lender required Mortgage Insurance as a condition of <br />making the Loan and Borrower was required to make separately designated payments toward the premiums for <br />Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to <br />provide a non - refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance <br />with any written agreement between Borrower and Lender providing for such temunafion or until temirnation is <br />required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate <br />provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may <br />incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter <br />into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms <br />and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. <br />These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage <br />insurer may have available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, 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 />NRBRA!U�o,o Family —Famdo 51a reddk Mac OVIFORM INSTRUMENT Form 30281/01 (page 7ofl3pagaJ <br />