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200602706 9. Protection of Lender's Interest in the P,'oJlerty and Rights Under this Security Instrumellt. If (a) Borrower fails to perform the covenants and agreernents contained in this Security Instrument, (b) there is a legal prOl;eeding that ,night significantly affcct Lender's intcrcst in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy. probate, I(Jr condemnation or I()rf(;iture, I()r enl(Jrcenll.:nt of a lien which may attain priority ovcr this Sccurity Instrument or to cnf(JlTe laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is rcasonable or appropriate to protect Lender's interest in the Property and rights under this Security InstnlllH:nt, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any SUIllS secured bv a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying rc;;sonable attorncys' fees to protect its intercst in the Property and/or rights under this Security Instrumcnt, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water ti'()lll 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 under allY duty or obligation to do so. It is agreed that Lendcr incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Notc rate li'om the date of disbursemcnt and shall be payable, with such interest, upon notice frorn Lcnder to BOITowcr requesting paymcnt. If this Security Instrument is on a leasehold, Borrower shall cOlnply with all the provisions of the lease. If Borrowcr acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the Inerger in writing. 10. Mortgage InsnrlHlce. If Lendcr required Mortgage Insurance as a condition of making thc Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available f.'om the mortgage inslln:r that previously provided such insurance and Borrower was required to Inake separately <ksignated payments toward the premiurns t(Jr Mortgage Insurance, Borrower shall pay the premiunls required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially L:quivaknl to tile cost to Borrower of tile Mortgage Insurance prL:viously in effect, from an alternate mortgage insurer SL:kL:t<.:d by LL:nder. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the anHJunt of the separatcly designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundablL: loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-rcfundable, notwithstanding tile IlKt that the Loan is ultinllltely paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lendcr can no longer require loss reserVL: payments if Mortgage Insurance coverage (in the alllount and for the pL:riod tllat Lemkr requires) provided by an insurer selectcd by LL:nder again becomes available, is obtained, and Lender requires sL:paratety designated payments toward the premiums f()\' Mortgage InsurancL:. If Lender rcquired Mortgage Insurance as a condition of making the Loan and Borrmver was required to make separately designated paymL:llts toward tile premiullls I(JI' Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage InsuranL:e in effect, or to provide a non-refundable loss reserVL:, until Lender's requiremcnt j~)r Mortgage Insurance ends in accordance with any writtcn agreetnent between Borrower and Lender providing I(JI' such termination or until tennination is ITLJuired by Applicabk Law. Nothing in this Section I () affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgagc Insurance reimburses LL:nder (or any cntity that purchases the Note) I(JI' certain losses it may illcur if Borrower docs not repay the Loan as agreed. BorrowL:r is not a party to thL: Mortgage Insurance. Mortgage insurcrs evaluate their total risk on all such insurance in f()\TC li'olll tinle to time, and may enter into agrL:L:mL:nts with other parties that share or modify their risk, or reduce losses. These agreL:ments arc Oil tcrms and conditions that are satisfactory to the Inortgage insurer and the other party (or parties) to these agreements. Thcse agreements may require the nlOrtgage insurer to tnake payments using any source of hlllds that the mortgagL: insurer may have availabk (which lllay include funds obtained from Mortgage Insurance premiums). Q-6(NE) (0401),01 I!) InjtjaIS:~ 0110247846 P'~e 8 of15 Forn1 3028 1101