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<br />200702312 <br /> <br />9. Protection of Lender's Intel'elit in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there <br />is a legal proceeding that might significantly affect Lender's inter~t in the Property and/or rights under <br />this Security Instrument (such as a proceed.ing iIl 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) Ilorrower 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 and/or 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 sccurecl by a lien <br />which has priority over tbis Security Instnunent; (b) appearing in court; and (c) pay~g reasonable <br />attorneys' fees to ptatect its interest in the l1'aperty and/or rights uni1er this Security Instrument, including <br />its secured. position In a bankruptcy proceeding. Securing the Property includes. but is not limitecl to, <br />entering the Property to make repairs, change locks. replace or board up doors and windows, drain wmer <br />from pipes. eliminate building or other code violations or dangerous conditions, and have utilities mmed <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 liability for not taking '/my 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 Inst1"1llIlent. 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 />paYIDfF~is Security Instrument is on a leasehold, Borrower shall comply with all tbe provisions of the <br />lease, If florrower acquires fee title to the Property, the leasehold lmd 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 requited to maintain the Mortgage Insurance in effe~L If, for any reason, <br />the MOI;tgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower WlU> required to make separa.tely designated payments <br />toward the premiums for Mortgage lnaurance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mongage 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 />mort~age 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 cea.Iled to be in effect. u.'JlCler will accept, use and retain these <br />payments as a nOll-reftmdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in full. and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss relierv~. Lender can no longer require loss <br />reserve payroonl:$ 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 mal,e sep:l1'Rrely 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, U1lti1 Lender's <br />requirement for Mortgage InsuranCe ends in accordance with any written agreement botween Borrower and <br />Lender providing for such tennin3Iion or until tcnnination 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 />Mortga~e 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 insu.rers evaluate their total risk on all SUell insurance in force from time to time. and may <br />enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements <br />are on tenns and conditions that are satisfactory to the mortgage insurer and Ute other party (or parties) to <br />these agreements. These agreements may require Ute mortgage insurer to make payments using any source <br />of funds that the mortsase insurer may have available (wl1ich may include funds obtained from Mortgage <br />Insurance premiums). <br /> <br />,"1.;010:('(1 Sf, <br /> <br />.. -6(NEIIOOO51 <br />ill <br /> <br />r~lIa a gf 1 5 <br /> <br />Farm 3028 1/01 <br />