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<br />200701286 <br /> <br />,'. (. <br />,\ <br /> <br />~ . ~:;'jf1~ .~ <br /> <br />'j " <br /> <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perfonn the covenants and agreements contained in this Security Instrument. (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property andlor rights under <br />this 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 <br />Instrument, including protecting andlor assessing the value of the Property, and securing and/or repairing <br />the Property. Lender's actions can include, but are not limited to: (a) paying any sums secqred by a lien <br />which has priority over this Security Instroment; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the Property andlor rights under this Security Instnunent, including <br />its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, <br />entering the Property to make repairs, change locks, replace or board up doors and windows, drain water <br />from pipes, eliminate building or other code violations or dangerous conditions, and have ntilities turned <br />on or off. Although Lender may take action under this Section 9, Lender.does not have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lender incurs no liabil~{Y. for not taking any or all <br />actions authorized under this Section 9. : ". .. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instmment. These amounts shall bear interest at the"Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br /> <br />paymrr\his Security Instrument is on a leasehold, Borrower shall comply y..i~ all the provisio~ of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless <br />Lender 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 lnsurance in effect. If, for any reason, <br />the 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 <br />coverage substantially equivalent to the MQrtgage 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 continue to pay to Lender the amount of the separately designated payments that <br />were due when the insurance coverage ceased to be in effect. Lender w.i1l accept, use and retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such 1088 reserve shall be' <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in fuQ., and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve.-Lendei' (!3J1":no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and'Lender requires <br />separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage <br />Insurance as a condition of making the Loan and Borrower was required to make separately designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay' the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable losS reserve, until tender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />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 <br />may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from qme to time, and may <br />enter into agreements with other parties that share or modify their risk, or ~uce losses. These agreements <br />are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. These agreements may require the mortgage insurer to ma~ payments using any source <br />of funds that the mortgage insurer may have available (Which may include fuiu:ls obtained from Mortgage <br />Insurance premiums). <br /> <br /><ara.eA(NE) (0407) <br /> <br />P~e8of16 <br /> <br />f.- Ij <br /> <br />Inh~I~: 4j}J::J <br />:c:..,,~ <br /> <br />1011834517 <br /> <br />Fonn- 3028 1/01 <br />