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4476989426 200603843 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfonn the covenants and agreements contained in tlllS Security Instrument, (b) tllere is a legal proceeding tllat nlight significantly affect Lender's interest in the Property aIId/or rights UlIder tllls Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien wmch may attain priority over tlllS Security hlstrument or to enforce laws or regulations), or (c) Borrower has abandoned tIle Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Se(,'urity Instrument, including protecting and/or assessing tIle value of the Property, and securing and/or repairing tlle Property. LeIIder's action., CaII include, but are not linlited to: (a) paying any sums secured by a lien wmch has priority over tllis Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in tIle Property aIId/or rights under tms Security mstrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not linlited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or otIler code violation., or daIlgerous conditions, and have utilities turned on or ofl. Although Lender may take action under tlllS Section 9, LeIIder does not have to do so and is not under any duty or obligation to do so. it is agreed that LeIIder incurs no liability for not taking any or all action., autllorized under tllls Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrnment. These atllOllllts shall bear interest at tIle Note rate from tIle date of disbursement and shall be payable, witIl such interest, upon notice from Lender to Borrower requesting payment. If tllis Security hlstrument is on a leasehold, Borrower shall comply witil all the provisions of tile lease. If Borrower acquires fee title to the Property, tIle leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, tIle Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward tlle prenliums for Mortgage InsUraIlCe, Borrower shall pay tIle premiums required to obtain coverage substantially equivalent to the Mortgage hlsurance previously in eflect, at a cost substantially equivalent to the cost to Borrower of the Mortgage msurance previously in etlect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage hl.,urance coverage is not available, Borrower shall continue to pay to Lender tIle aInount of tIle separately designated payments tllat were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain tilese payments as a non-refundable loss reserve in lieu of Mortgage hl<;urance. Such loss reserve shall be non-refundable, notwithstanding the fact tlut the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage m.,urance coverage (in the atllount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward tIle prenliull1<; for Mortgage hlsuraIlce. If Lender required Mortgage illsurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the prenlillllls for Mortgage InsuraIlCe, Borrower shall pay tile premiUll1<; required to lllailltaill Mortgage m<;urance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with aIly written agreement between Borrower and Lender providing for such tennination or until tennination is required by Applicable Law. Notlling in this Section 10 affects Borrower's obligation to pay interest at tile rate provided in the Note. Mortgage msurance reimburses Lender (or any entity tlut purchases the Note) for certain losses it IllaY incur if Borrower does not repay the LOaII as agreed. Borrower is not a party to the Mortgage 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. These agreements are on term<; and condition<; tllat are satisfactory to tile mortgage in.,urer and the other party (or parties) to tilese agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (wmch may include funds obtained from Mortgage Insurance prenliums) . . -6A(NE) (0407) <!> IIl.itialS:~"'----- Page H of 15 Form 3028 1/01