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200302471 9. Protection of Lender's Interest in the Property mul Rights Under this Security Instrument. If (a) Borrower fails to perfimn the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significaudy affect Lender's interest in the Property and /or rights Cider this Security botrmnent (such as a proceeding in banknuptcy, probate, for cnndentmtion or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to cuf(Jrce laws or regulations'), ur (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights Cuter this Security Instnummn, including protecting and /or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying Cry sums secured by a lien which has priority over this Security Instrumcnq (h) appearing in court; and (c) paying reasonable attorneys' fees or protect its interest in the Property and /or rights ender Otis Security Ircammem, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is nut limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building Of otter code violations or dangerous conditions, and have utilities turned on or off. Although Lender may rake action under this Section 9, Lender does not have to do so and is rot under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall beconc additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dam of disbnrseutent and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Burrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to hnuintain the Mortgage Insurance in effect. It, for any reason. the Mortgage Insurance coverage required by Lender ceases to be available from the niortgnge insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the prcmiunl.s for Mortgage Insurance, Borrower shall pay the prentmms required to obtain coverage substantially equivalent in the Mortgage Insurance previously in effect, at a cost substantially equivalent to die cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. if substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amuCn of die separately designated payments that were due when the Mairanue coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- reundable loss reserve io lieu of Mortgage Insurance. Such loss reserve shall be non- rehmdablc, notwid"Curding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or caoings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lcndcr requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage lusurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non - refundable loss reserve, mail Lender's requirement for Mortgage Insuranuc cods in accordance with any written agreement between Borrower and Lender providing for such tennination or until termination is required by Applicable Law. Nothing in this Section 10 affects Boaowcr'S obligation to pay, interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Now) for certain losses it may factor if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and nay enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreCncntS nay require the mortgage insurer to make payments rising any source of funds that the mortgage insurer may have available (which nay include funds obtained train Mortgage haurance preminnvs). IQ G NE) iooash - e m 11 Form 3028 1/01 Document # L081NE