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<br />200700763 <br /> <br />DOC 10 #; 00015753107801007 <br />damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in <br />connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or <br />restoring the Property only if Lender ha'l released proceeds for such purposes. Lendcr may disburse proceeds <br />for the repairs and restoration in a single payment or in a series of progress payment'> as the work is <br />completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, <br />Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or it,> agent may make rea,>onable entries upon and inspections of the Property. If it has <br />reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give <br />Borrower notice at the time of or prior to such an interior inspection specifying such rea'lonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or <br />consent gave materially false, misleading, or inaccurate information or statement'l to Lender (or failed to <br />provide Lender with material information) in connection with the Loan. Material representations include, but <br />are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal <br />residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) <br />Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a <br />legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this <br />Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrument 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 protect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. <br />Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which ha,> priority <br />over this Security Instrument; (b) appearing in court; and (c) paying rea'lonable attorneys' fees to protect its <br />interest in the Property and/or rights under this Security Instrument, including it'l secured position in a <br />bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make <br />repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or <br />other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take <br />action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It <br />is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. <br />Any amount'l disbursed by Lender under this Section 9 shall become additional debt of Borrower secured <br />by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement <br />and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lea'le. <br />If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender <br />agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the <br />Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the <br />cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected <br />by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue <br />to pay to Lender the amount of the separately designated payment'> that were due when the insurance coverage <br />ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in <br />lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan <br />is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such <br />loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the <br />amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes <br />available, is obtained, and Lender requires separately designated payment'> toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss <br />reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement <br />between Borrower and Lender providing for such termination or until termination is required by Applicable <br />Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may <br />incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter <br />into agreement'l with other parties that share or modify their risk, or reduce losses. These agreements are on <br />terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these <br />agreements. These agreements may require the mortgage insurer to make payments using any source of funds <br />that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br />premiums). <br /> <br />~ -6A(NE) (0407) <br /> <br />CHL (08/05) <br /> <br />Page 6 of 11 <br /> <br />rv <br />Fo~ 3028 lID1i~ <br />