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<br />200600582 <br /> <br />9. Protection or Lender's Interest in the Property and Rights Under this SEcurity Instrument. If <br />(a) Borrower fails to perfonn the covenants and agreements contained In this S~cW'ity Instrument, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under <br />this Security Instrument (such as a proceedinS in bankruptcy I probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrumt'lnt or to enforct'l 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 PrQtectlng and/or assessins the value of the Property, and securing andlor repairing <br />the Property. Lender's actions can include. but are not limited to: (a) paying any SUms secured by a lien <br />which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the PJ:Qpeny and/or rights under this Security Instrument, inClUding <br />its secured position in a bankruptcy proceedmg. Securing th" Property includes, hut is not limited to. <br />entering the Property to make repah,'$, change locks, replace or board. up doo~ and windows, drain water <br />from pipes, eliminate building or other code violationa or dangerous conditions, and have utilities turned <br />on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not <br />under any duty or Obligation to do $0, It i., agreed that Lender incurs no liability for not taking any or all <br />actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Seotion 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursement lInd shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lealle. If Borrower acquires fee title to the Property, thll leasehold and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. Mortgage IOSU1'8nce. If Lender required Mortgage In8urance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mongage Insurance in effect. If, for any reason, <br />the Mortgage Insurance eoverase required. by Lender ceaSes to be available from the mongage insutllr that <br />pl,'eviously provided such insurance and Borrower was requ!rcd to make separately designa.ted payments <br />toward the premiums for Mortgage Insurance, BOrrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mongage Insurance previously in effect, at a cost substantially <br />equivalent to the COllt to Borrower of the Mortgage Insurance previously in effect, from an alternate <br />mortgage insurer selected by Lend$l,'. If substantially equivalent Mottgag~ Insurance coverage is not <br />available, Borrower shall continue to pay to l.ender the amount of the separately designated payments that <br />were due when the insurance coverage ceaaed to be in eff~t. Lender will accept, use and retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be <br />required to pay Borrower any interest Or earnings on such 10s8 reserv~, Lender Can no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, 1& obtained, and Lendex requires <br />separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mongage <br />Insurance as a condition of making the Loan and Borrower was required, to make separ~ly designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortsage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br />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 parties that share or modify their riSk. or reduce losses. These agreements <br />are on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. These agreements may require the mortgage insurer to make payments using any SOurce <br />of funds that the mortgage insurer may have available (which may include funds obtained tram Mortgage <br />Insurance premiums). <br /> <br />E990802 <br /> <br />~.6A[,NB) (010071 <br /> <br />PIlIl18 Df lEi <br /> <br />Inlllll.*r <br />Form 3028 1/01 <br /> <br />SS 'd Ot6~ 'ON <br /> <br />dJOJ II.OJJSj ~ ~ll!l P~II.YlJON <br /> <br />~dSS:S 900~ 'Ot 'U'er <br />