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200210456 <br />9. Protection of Lender's Interest in the Property and Rights Ilnder this Security Instrument. If <br />(a) Borrower falls to perform the Covenants and agreements contained In this Security Instrument, (b) there Is <br />a legal proceeding that night 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 lien which may attain priority over this Security Instrument or to enforce laws or <br />regulations), or (c) Borrower has abandoned the Property, then Lcndcr 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 />Instntmcnt, 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 which <br />has priority over this Security Instrument; do appearing in court; and (c) paying reasonable attorneys' fees to <br />protect its interest in the Property and/Or rights under this Security Instrument, including its secured position <br />in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to <br />make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate <br />building or other code violations or dangerous conditions, and have utilities mined on or off. Although <br />I andcr may take action under this Section 9, Lender does not have to do so and is not under any duty or <br />obligation to do so. It is agreed that lender incurs no liability for not taking any or all actions authorized <br />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 />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Secnnry Instrument is an a leasehold, Borrower shall comply with all the provisions of die lease. <br />If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender <br />agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of maldng the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, 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 Burrower was required to make separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to the Mortgage hsuranee previously in effect, at a cost substantially equivalent to <br />the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer <br />selected by Lender. if substantially equivalent Mortgage Insurance coverage is not available, Borrower shall <br />continue to pay to Lender the amount of the separately designated payments tut were due when the insurance <br />coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- rcfimdable loss <br />reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that <br />the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings <br />ou such less reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in <br />the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes <br />available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Insurance. It Lender required Mortgage Insurance as a condition of nuking the Loan and Borrower was <br />required to nuke separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss <br />reserve, until Lender's requirement for Mortgagc Insurance ends in accordance with any written agreement <br />between Borrower and Lender providing for such termination or until termination is required by Applicable <br />Law. 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 it 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 <br />enter into agreements with other panics that share or modify their risk, or reduce losses. These agreements are <br />on terms and eaditio is that are satisfactory to [be 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 finds obtained from Mortgage Insurance <br />premiums). <br />® ®fi(NF.) tnns� a=eons Fenn 3028 I /nl <br />