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200301073 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrowerfails to performthe covenants and agreementscontainedin this Security Instrament,(b) thereis <br />a legal proceeding that might significantly affect Lender's interestin the Property and /orrights order this <br />Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation in forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or <br />regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is <br />reasonable or appropriate to protect Lender's interest in the Property and rights under this Security <br />Instrament,induding protectingand /orassessing the value of the Property, and securing and /orrepairing <br />the Property.Lendei s actionscau include,but arenotlimitedto: (a) paying any sums securedby a fien which <br />has priority over this Security Instrument;(b appearingin cowl and (c) paying reasonableattorneys' fees to <br />protectits interestin the Property and, i is order this Security Instrument,including its securedposition <br />in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to <br />make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate <br />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 <br />obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized <br />under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrumem.These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Security Instrumentis on a Iemehold,Borrowershall comply with all the provisions of the lease. <br />If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender <br />agrees to the merger in writing. <br />10. Mortgage Insurance. If LenderrequiredMortgage lnsuranceas a condition of making the Loan, <br />Borrower shall pay the premiumsrequiredto maintain the MortgageImurancein effect. If, for any reason, <br />the Mortgage Insurancecoverage requiredby Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments <br />toward the premiums for Mortgage lnsurance,Borrower shall pay the premiums requiredto obtain coverage <br />substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to <br />the cost to Borrower of the Mortgage Insurance previously in effect, from an alternatemortgage insurer <br />selectedby Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall <br />continueto pay to Lenderthe amountof the sepwatelydesignatedpaymentsthat were due when the insurance <br />coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundableloss <br />reservein lieu of Mortgagelnsurance.Such loss reserve shall be non -refundable,notwithstandingthe fact that <br />the Loan is ultimatelypaid in full, and Lender shall not be requiredto pay Borrower my interestor earnings <br />on such loss reserve. Lender can no longer requ reloss reserve payments if Mortgage Insurance coverage (in <br />the amountand for the periodthatLenderrequires )provided by an insurer selectedby Leaderagain becomes <br />available, is obtained,and Lenderrequiresseparatelydesignatedpaymentstoward the premiumsfor Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiummequiredto maintainMortgagehisurancein effect, or to provide a non- refundableloss <br />reserve, until Lender's requirementfor Mortgage Insurance ends in accordance with any written agreement <br />between Borrower and Lenderproviding for such terminationor until terminations requiredby Applicable <br />Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgagelnsurance reimbursesLender (or any entity thatpur%!.the Note) for certain losses it may <br />incur if Borrower does not repay the Loan as agreed. Borrower is not a pparty to the Mortgage Insurance. <br />Mortgageinsurers evaluate their total risk on all such insurance in fmce from time to time, and may <br />enterinto agreementswith otherputiesthatshmeor modify theirrlsk, or reducelosses. These agreementsare <br />on terms and conditions that are satisfactoryto the mortgageinsurer and the otherparty (or parties)to these <br />agreements.Theseagreementsmay requirethe mortgageinsurerto make paymentsusing any source of funds <br />that the mortgage insurer may have available (which may include funds obtainedfrom Mortgage Insurance <br />premiums). <br />Me #:317608 APPL #:8010075391 444 LOAN #:8010075391 <br />Ini1W¢: <br />(04(NE) Pcoa) P'.aMrs ¢ Form 3028 7/01 <br />