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200304927 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreementscmnainedin this Security Instrument, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and / orrighls under <br />this Security Instrument (such as a proceedingin bankruptcy, probate, for condemnationor forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrument of to enforce laws or <br />rcgulatiuns), or (c) Borrower has abandonedthe Property, then Lender may do and pay for whalueer is <br />reasonable or appropriate to protect Lender's interest in the Property and rights under this Security <br />Instrument, including protecting and /orassessing the value of the Properly, and .securing and /orrepairing <br />the Properly. Lender's actions can include, but me not limited to: (a) paying any sums secured by a lien <br />which has priority over this Security Instrumenq (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protectits interest in the Property and /orrights underthis Security Instrument, including <br />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 <br />from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned <br />on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lenderincurs no liability for not faking any or all <br />actions authorized 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 Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursementand shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />It this Security Instrumentis on a leasehold, Borrower shall comply with al] the provisions of the <br />lease, If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage brsuranceas a condition of making the Loan, <br />Borrowersli pay the premiumsrequired to traimainlhe Mortgagulnsurancem effect. If, for any reason, <br />the Mortgage Insurance coverage requiredby Lender ceasesto 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 Insurance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially <br />equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate <br />mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not <br />available, Borrower shall continue to pay to Lender the amount of the separately desiguatedpayments that <br />were duo when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such toss reserve shall be <br />non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not he <br />required to pay Borrower any interest or earnings on such toss reserve. Lender can no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires <br />separately design mod payments toward the premiums for Mortgage Insurance. If Lender required Mortgage <br />Insurance as a condition of making the Loan and Borrower was required to make separately designated <br />payments loward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's <br />rcquircmcntfor Mortgagelnsuranceends in accordancewith any written agreementbelween Borrowerand <br />Lenderproviding for such terminationor until Icrminntionis requiredby Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pa interest at the rate provided in the Note. <br />Mortgage Insurance; reimburses Lender �Lor any entity that purchases the Note) for certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br />fnsurancc. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may <br />enl cr imo agrccmentswith other parties that share or modify their risk, or reducelosses. These agreements <br />are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. These agreementsmay require the mortgagemsurer to make payments using any source <br />of funds that the mortgage insurer may have available (which may include funds obtainedfrom Mortgage <br />Insurance premiums). <br />®- 6AINEl t000s <br />vim. a m ss <br />Form 3028 <br />1101 <br />