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200201229 <br />Lender ar its agent may make reasonable entries upon and inspections of the Property. If k has reasonable cause, Lender may <br />inspea the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior <br />inspection specifying such reasonable cause. <br />S. Borrower's Loan Application. Borrower shall be in default it, during the Loan application process, Borrower or any <br />persons or entities acing at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or <br />Inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. <br />Material representations include, but are not limited to, representations concerning Borrowers occupancy of the Property as <br />Borrower's principal residence. <br />9. Protection of Lender's Interest in the Properly and Rights Under this Security Instrument. If (a) Borrower <br />fails to perbrm the covenants and agreements contained in this Security Instrument, (b) there Is a legal proceeding that might <br />significantly aHec Lenders interest in the Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy, <br />probate, for condemnation or forfeiture, for enforcement of a Tien which may attain priority over this Security Instrument or to enforce <br />laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever Is reasonable or <br />appropriate to protect Lenders interest in the Property and rights under this Security Instrument, including protecting and /or <br />assessing the value of the Property, and securing and /or repairing the Property. Lenders actions can include, but are not limited to: <br />(a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying <br />reasonable attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, including is secured <br />poson in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, or <br />change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violation not <br />dangerous conditions, and have utilities turned oin or off. Although Lender may take anion under this Section 9, <br />have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all <br />aaRmE authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security <br />Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, <br />upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee <br />title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />the <br />and <br />atgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay <br />squired to maintain the Mortgage Insurance In effect. If, for any reason, the Mortgage Insurance coverage required by <br />to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make <br />gnated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />tantielly, equivalent to the Mortgage Insurance previously in effect, at a cost substaritailyy equivalent to the cost to <br />e Mortgage Insurance previously In effect, from an alternate mortgage insurer selected by Lender. If substantially <br />tgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately <br />/menta that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, <br />3 the tar that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or <br />ch loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount <br />iod that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender <br />e as <br />ugnated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage nsuranc <br />condition of making the Loan and Borrower was required to make aeparately designated payments toward the premiums for <br />Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a <br />non - refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends In accordance with any written agreement <br />between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrowers 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 incur if Borrower does <br />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 into agreements with <br />other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactoryto <br />the mortgage insurer and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to <br />make payments using any source of funds that the mortgage Insurer may have available (which may include funds obtained from <br />Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any <br />affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as ) a portion <br />of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the mortgage insurer's risk, or reducing <br />losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangement is often termed *captive reinsurance.' Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for <br />Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1999 or any other law. These rights may include the right to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender <br />shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the <br />work has been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for <br />the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be poi on such Miscellaneous Proceeds, Lender shall not be <br />required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically <br />feasible or Lenders security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the <br />order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the <br />sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />NEBMe1Uā€” Single Family ā€” Fannie MFa /Freddie Ii UNIFORM INSTRUMENT F.S. sit. I/01 Ipape 10 ] yn9enl <br />ti NE nOT 0 /a, POa <br />