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<br />200603823 <br /> <br />9. Protection of Lender's Interest in the Property and Hights Under this Security Instrument. If <br />(a) Borrower fails II) perkJrll1 the covenants ,1Ild agreements L"lIlLtined in this Security Instrument, (b) there <br />is a legal proceedi!,g ih,:1 might significantly affect Lender'" interest in the Property and/or rights under <br />this Security I!lstrullll'ilt ,:,uch as a proceeclIng In bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of ,J lil'n which may attain priority over this Sceurity Instrumcnt 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 pro teet Lender's interest in the Property and rights under this Security <br />Instrument, including prcltecting and/or assessing the value 01' tbe Property, and securing and/or repairing <br />the Property. Lender's actions can include, but are not lirnitcd to: (a) paying any sums secured by a lien <br />which has priority ovcr this Sccurity Instrunlent; (b) appl:aring in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including <br />its secured position in ,I bankruptcy proceeding. Sccuring Il1c Property includes, but is not limited to, <br />entering the Properly 10 make repairs, changt: lot:ks, replau: or board up doors and windows, drain water <br />from pipcs, eliminatt: building or other code violations or dallgerous conditions, and have utilities turned <br />on or alT. Allhongl1 Lender may take action under this Section 9, Lender does not have to do so and is not <br />under any duty or ohligation to do so. It is agreed that Lender incurs no liability for not taking any or all <br />actions authori1ed under thiS Section 9. <br />Any amounls disburst:d by Lcnder under this Section 9 shall become additional debt of Borrower <br />secured by this St:curity Instrument. These amounts shall belr interest at the Note rale from the date of <br />disbursement ami shall be payable, with SUell interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Security lnslrurnent is on a leasehold, Borrol\eJ shall comply with all the provisions of the <br />lease. If Borrower acquires ke title to the Property, the leasl'llOld and the fee title shall not merge unless <br />Lender agrees to the mergn in writing. <br />10. Mortgage [nsura lice. I [' Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall P,IY the premiums required to maintain the Murtgage Insurance in ctkel. If, for any reason, <br />the Mortgage InsuulIlce l:O';lT,lge required by Lender ceases 1.0 be available from the mortgage insurer that <br />previously provided such insurance and Borrower was ITquirell to make separately designated payments <br />toward the premiums ['or Mongage Insurance, Borrower shall pay the premiums required to obtain <br />coverage substanti:i11y t:quivalel1t to the Mortgage Insurance previously in effect, at a cost substantially <br />equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate <br />mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not <br />available, Borrower shall conlinue to pay to Lender the arnount of the separately designated payments that <br />were due when tIll' insur,lll('e coverage ceased to be in ellecl. Lender will aecq>l, use and retain these <br />payments as ,\ non-re['ullllahle loss reserve in lieu of Mongage Insurance. Such loss reserve shall be <br />non-refundable, nOll\ith:;ulIlding the fact that the Loan is ultilll<llely paid in full, and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss <br />reserve paynlt:llls ii' iYlol'lgagc Insurance coverage (in the :lmOlllll and for the perioo that Lender requires) <br />provided by an insurer selectt:d by Lender :Igain hecomes available, is obtained, and Lender requires <br />separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage <br />Insurance as ,I condilioll 0[' making the Loan and Borrower was required to make separately designated <br />payments toward the plTrniullls ['or Mortgage Insurance, [lorl'ilWer shall pay the premiums requirt:d to <br />maintain Mortgage Insnr,lllce in cfkel, ur to provide :\ lion-refundable loss reserve, until Lender's <br />requirement for Mortgag:' Illsur:Hlce ends in accordance wilh any written agreement hetween Borrower and <br />Lender providing ['or SUdl lennination or until termination is n.:quired by Applicable Law. Nothing in this <br />Section 10 atlects Borro\Vl'l's obligation to pay interest at the rail' provided in tht: Nott:. <br />Mortgage Insurance rei mburses Lender (or any entity 'h:lI purchases the Note) ['or certain losses it <br />may incur i [' I3orrOIVer docs not repay the Loan as agn.'l'lj, Borrower is not a party to the Mortgage <br />Insurance. <br />Mortgagt: insurns <'valuate their total risk on all sllch insmance in force from time to time, and may <br />enter into agreements with other parties that share or modi[,y [heir risk, or reduce losses. These agreements <br />are on terms and conditi<)lls that arc satis['actory to the mortg:lgc insurer and the other party (or panies) to <br />these agreements. These agreements 11l<-IY requirt: the mortgage illSurer to make payments using any source <br />of funds thai IllC 111()rl,",I~.C In:,mer Illay havt~ available (whicll l11ay include funds obtaint:d from Mortgage <br />Insurance prcllliuIlh) <br /> <br />Initiab: <br /> <br />1fi1 <br /> <br />e-6(NE) (0.107I.1J[ <br />@ <br /> <br />PnDC 8 of 111 <br /> <br />0110252081 <br /> <br />Form 3028 1/01 <br />