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200305487 <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 agreements contained in this Security Instrument, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in [he Property and /or rights under <br />this Security Insnumcut (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, lot <br />enforcement of a lien which may attain priority over [his 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 />Instrument, including protecting and /or assessing the value of the Property, and securing and /or repairing <br />the Property. Lender's actions can include, but are not limited to; (a) paying any sums secured by a lien <br />which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees In protect its interest in the Property and /or rights under this 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 pocks, 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 [also action under this Section 9, Under dues not have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all <br />actions authorized under this Section 9. <br />Any amomns disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall heir interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Burrower requesting <br />payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all 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 Insurance as a condition of malaria the Loan, <br />Borrower shall pay the premiums required to maintain the Mongage Insurance in effect. IL for any reason, <br />the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required In make separately designated payments <br />toward the prmnimm 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, 0nni 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 designated payments that <br />were due 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 loss reserve shall be <br />non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and lender shall not be <br />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 requites) <br />provided by an insurer selec al by Lender again becomes available, is obtained, and Lender requires <br />separately designated 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 toward the premiums for Mongage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non - refundable puss reserve, until Lender's <br />requirement for Mongage Insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects B(,rrower'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 <br />may incur if Burrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br />Insurance. <br />Mortgage tusmrers evaluate their total risk on all such insurance in force from time to lime, and may <br />enter into agreements with other parties that share or modify their risk, or reduce losses. 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 agreements may require [he mortgage insurer to make payments using any source <br />of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums). <br />-61NE) t000e� r,�a�a� to Form 3028 1101 <br />