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200603226 9, Protection of Lender's Inte,'est in the Propert}' and Rights Unde" this Securit}' Instmment. If (a) Borrower fails to perf(JrITI thc covenants and agreements contained in this Security Instrument, (b) there is a legal procccding that might significantly aff't:ct Lender's interL:st in the J>ropL:rty anel/or rights untkr this Security InstrumL:nt (such as a proceeding in bankruptcy. probate. for condL:mnation or forfeiturc, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned thc Property, then Lcnder may do and pay f(lr whatever is reasonable or appropriate to protect LL:ndL:r's intercst in thL: Property and rights under this Security Instrument. including protecting and/or assessing the value of the Property, and sL:curing and/or repairing thL: Property, Lender's actions can include. but arL: not limited to: (a) paying any sums secured by a liL:n which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protL:ct its interest in the Property and/or rights under this SL:curity Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the PropL:rty to make repairs, change locks. replaeL: or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may takL: action under this SL:ction 9, LendL:r does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability f()r not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall bL:come additional debt of Borrower secured by this SL:curity Instrument, ThL:sL: amounts shall bL:ar interest at the Note rate fi'om thc date of disbursement and shall be payable, with such interest, upon notice from LL:nder to Borrower rL:questing paymL:nt. If this Security Instrument is on a leasdlOld, Borrower shall comply with all the provisions of the lease. If Borrower acquires feL: title to the Property, the leasehold and the fee titk shall not merge unless Lender agrees to the merger in writing. 10, Mo,.tgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage InsurancL: in effect. If, for any reason, the Mortgage Insurance coverage requirL:d by Lender ceases to be available from the mortgagL: insurer that previously provided such insurance and Borrower was required to makL: separately designated payments toward the premiuIlls for MortgagL: Insurance, Borrowcr shall pay thc premiums rL:CJuired to obtain eOVL:ragL: substantially equivalent to the Mortgage Insurance previously in effect at a cost substantially equivalent to tilL: cost to Borrowcr of the Mortgage Insurance previously in effect, from an alternatL: mortgage insurer sdected by Lender. If substantially L:quivalent Mortgage Insurance covL:rage is not available, Borrower shall continue to pay to Lender the amount of the separatdy designated payments that were due when the insurance coverage ceased to be in effect. LL:nder will accept use and retain these payments as a non-refundable loss rL:serve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable. notwithstanding the fact that the Loan is ultimatdy paid in full, and Lender shall not be requircd to pay Borrower any interL:st or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in thL: amount and j()r the period that Lender requirL:s) provided by an insurer selected by Lender again becomes available, is obtained, and Lender rL:quires separately designated payments toward the premiums for Mortgage Insurance. If Lender requirL:d Mortgage Insurance as a condition of making the Loan and Borrower was required to make separatdy designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-rd'undable loss rL:serve, until LL:ndn's rL:quirL:lllent for MortgagL: Insurance ends in accordance with any written agrL:emL:nt between BorrowL:r and Lender providing f(lr such termination or until termination is required by Applicable Law. Nothing in this Section I () affects Borrower's oblif!ation to pay interest at tbL: rate provickd in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) f()r certain losses it may incur if Borrower dOL:s not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurancc. Mortgage insurers evaluate their total risk on all such insurance in forcL: fi'om time to time, and may enter into agreements with othL:r parties that ShalT or modify their risk, or reduee losses. These agrL:L:lTlents are on terms and conditions that are satishlclory to the mortgage insurer and the other party (or parties) to these agreements. ThL:se agreements may require the mortgage insurer to make payments using any sourCL: of funds that the mortgage insurer may have available (,vhich may include funds obtained from Mortgage InsurancL: prL:llliums). Initlal':~ 0110247977 G-6(NE) (0407).01 @ P~e 8 of 15 Fonn 3028 1/01