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<br />200510740 <br /> <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 agreementscontainedin this Security Instrument,(b) there is <br />a legal proceeding that might significantly affect Lender's interest in the Property and/orrights 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 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/ orassessing the value of the Property, and securing and/orrepairing <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;(b) appearingin court; and ( c) paying reasonableattorneys' fees to <br />protectits interestin the Propertyand/orrights 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 turned on or off. Although <br />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 <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 Security Instrumentis on a leasehold, Borrower shall comply with all the provisions of the 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 /> <br />10. Mortgage Insurance. If LenderrequiredMortgageInsuranceas a condition of making 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 Borrower was required to make separately designated payments <br />toward the premiums for MortgageInsurance,Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to the Mortgage Insurance 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 Lenderthe amount of the separatelydesignatedpayments that were due when the insurance <br />coverage ceased to be in effect. Lenderwill accept, use and retain these payments as a non-refundableloss <br />reservein lieu of MortgageInsurance.Such loss reserve shall be non-refundable,notwithstandingthefact that <br />the Loan is ultimately paid in full, and Lender shall not be requiredto pay Borrower any interest or earnings <br />on such loss reserve. Lender can no longer requireloss reserve payments if Mortgage Insurance coverage (in <br />the amount and for the period that Lenderrequires )provided by an insurer selectedby Lender again becomes <br />available, is obtained,and Lenderrequiresseparatelydesignatedpayments toward the premiumsfor Mortgage <br />Insurance. If Lender required Mortgage Insurance as. a condition of making the Loan and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiumsrequiredto maintainMortgageInsurancein effect, or to provide a non-refundableloss <br />reserve, until Lender's requirementfor Mortgage Insurance ends in accordance with any written agreement <br />between Borrower and Lenderproviding for such terminationor until terminationis requiredby Applicable <br />Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage InsurancereimbursesLender (or any entIty that purchases the Note) for certain losses it may <br />incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortga~e Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to trme, and may <br />enter into agreementswith otherparties that share or modify theirrisk, or reduce losses. These agreementsare <br />on terms and conditions that are satisfactory to the mortgage insurer and the other party ( or parties) to these <br />agreements.Theseagreementsmay require the mortgageinsurerto make payments using any source of funds <br />that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br />premiums). <br /> <br />.-6A(NE) (0407) <br />(!) <br /> <br />Page 8 of 15 <br /> <br />6' 1,([~i <br />Initials: =t""~ :Jt1 p '. <br />-----d-'- Form 3028 1/01 <br />