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200605786 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower f~lils to perfllrm the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that lnight significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, fIll' eondcnmation or f()\-feiture, fi)\' enfllreement of a lien which may attain priority over this Security Instrument or to enl()ree laws or regulations), or (e) Borrower has abandoned the 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 Security Instrument, 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 sums secured by a lien which has priority over this Security Instrmnent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument. including its secured position in a bankruptcy proceeding. Securing the Property includcs, but is not limited to, entering the Property to make repairs. change locks, replacc or board up doors and windows. drain watcr from pipes, c1iminate building or other code violations or dangcrous conditions. and have utilities turned on or off. Although Lender may take action under this Scction 9, Lender does not have to do so and is not undcr any duty or obligation to do so. 11 is agrccd that Lender 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 dcbt of Borrower securcd by this Security Instrument. Thcse amounts shall bear interest at thc Notc rate fhJln the date of disbursenlent and shall be payable, with such interest. upon noticc from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. MOI'tgageInsurance. If Lender required Mortgage Insurance as a condition of making thc Loan, Borrower shall pay thc premiums required to maintain thc Mortgage Insurance in effect. lt~ for any reason, thc 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 separatcly designated payments toward the premiums fIll' Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect. at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect. from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is 110t available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurancc coverage ceascd to be in effect. Lender will accept. use and rctain these payrnents as a non-refundable loss reservc in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the f~let that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss rcserve. Lender can no longer require loss reserve payrnents if Mortgage Insurance coverage (in the mnount 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 the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to rnake separately designated payments toward the premiums f(Jr Mortgage Insurance. Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve. until I ,ender's requirement flJl" Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing jill' such termination or until termination is required by Applicable Law. Nothing in this Section 1 () affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) fIll' certain losses it may incur if Borrower docs not repay the Loan as agreed. Borrower is not il party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in flllTe fhnn time to time, and may enter into agreernents with other parties that share or modify their risk, or reduce losses. '('hese agreements arc on terms and conditions that are satisfltctory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make paynlents using any source of funds that the mortgage insurer may have available (\vhich may include funds obtained from Mortgage Insurance premiums). .-6(NE) (0407)01 (ii) P"ge 8 of 1 5 /'C: ,""." ~ l) 06-041407 Fonn 3028 1/01