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4470248426 200512~47 9. Protection of Lender's Interest in the Property and Rights Under this secur~' y Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Ins ment, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation pI' forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to1enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pa for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights un er this Security Instrument, including protecting and/or assessing the value of the Property, and securin and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secu!' d by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, inclUding~. secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, ente. the Property to make repairs, change locks, replace or board up doors and windows, drain water fro pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not tnder any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all ctions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional ~bt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Bo ower requesting payment. I If this Security Instrument is on a leasehold, Borrower shall comply with all the provo ions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not me ge unless Lender agrees to the merger in writing. 10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of aking the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. f, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mo gage insurer that previously provided such insurance and Borrower was required to make separately de . gnated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substan ally equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not availab e, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due hen the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as ann-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithsta ing the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any . terest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Ins ance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Len er again becomes available, is obtained, and Lender requires separately designated payments toward the prem ms for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan d Borrower was required to make separately designated payments toward the premiums for Mortgage I urance, Borrower shall pay the premiums required to mainta.in Mortgage Insurance in effect, or to provide ann-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is requ ed by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate pro ided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for c tain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortga e Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. Th se agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party ( I' parties) to these agreements. These agreements may require the mortgage insurer to make payments using a y source of funds that the mortgage insurer may have available (which may include funds obtained from ortgage Insurance premiums). fIt-6A(NE) (1l407) Initials: .:112.. fl- Form 3028 1/01 Page 8 of 15 ~t'e