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200302235 <br />OOC IO # 0002055886657088 <br />damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in <br />connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or <br />restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds <br />for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. <br />If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not <br />relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable <br />cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice <br />at the time of or prior to such an interior inspection specifying such reasonable cause. <br />S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or <br />consent gave materially false, misleading, or inaccurate information or statements in Lender (or failed to <br />provide Lender with material information) in connection with the Loan. Material representations include, but <br />are not limited lo, representations concerning Borrower's occupancy of the Property as Borrower's principal <br />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 <br />legal proceeding that might significantly affect Lender's interest in the Property and /or rights under this <br />Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a Gen 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 Instrument, <br />including protecting and/or assessing the value of the Property, and securing and /or repairing the Property. <br />Lender's actions can include, but me not limited to: (a) paying any sums secured by a Hen which has priority <br />over this Security Instrument; (b) appearing in comp and (c) paying reasonable attorneys' fees to protect its <br />interest in the Property and /or rights under this Security Instrument, including its secured position in a <br />bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make <br />repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or <br />other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take <br />action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is <br />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 Now rate from the date of disbursement <br />and shall be payable, with such interest, upon notice from Lender in 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 <br />to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making die 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 <br />previously provided such insurance and Borrower was required to make separately designated payments toward <br />the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the <br />cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by <br />Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to <br />pay to Lender the amount of the separately designated payments that were due when the insurance coverage <br />ceased in be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu <br />of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is <br />ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss <br />reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount <br />and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is <br />obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If <br />Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required w make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until <br />Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between <br />Borrower and Lender providing for such termination or until termination is required by Applicable Law. <br />Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate 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 <br />terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these <br />agreements. These agreements may require the mortgage insurer to make payments using any source of funds <br />that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br />premiums). ryry � <br />mumis��n a <br />- 6A(NE) m CHL(01101) rtirmH28 1/01 <br />