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200213193 <br />Instrument, including protecting and/or assessing the value of the Property, and securing and /or repairing the Property. <br />Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this <br />Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property <br />and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property <br />includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, <br />drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or <br />off. Although lender 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 under this Section <br />9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, <br />with such interest, 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 <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in <br />writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall <br />pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage <br />required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower <br />was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost <br />substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage <br />insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue <br />to pay to lender the amount of the separately designated payments that were due when the insurance coverage ceased to be <br />in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. <br />Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall <br />not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve <br />payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer <br />selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the <br />premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower <br />was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, and lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing <br />for such termination or until temrination is required by Applicable Law. Nothing in this Section 10 affects Borrower's <br />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 <br />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 forme from time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions <br />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />require the mortgage insurer to make payments using any source of fonds that the mortgage insurer may have available <br />(which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any rebourer, any other entity, <br />or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be <br />characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the <br />mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the <br />insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive <br />reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, <br />or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage <br />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 Insurance under <br />the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, <br />to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, <br />and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />\EBPA.SKA - Sin81c FmilY-rSme M�elF1Ntlu Mec LT4VM5 PSTRIIIYIF.M! Fa— M a8 1101 <br />Ulscx28041WW 55039.13)31 P¢pe 6.111 <br />