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<br />200703313 <br /> <br />9, 'Protection of Lender's Interest in the Property and Rights Ond~r th.s Security Instnunent. If <br />(a) Borrower fails to perform the covenants and agreements contained in \.hjs Security Instrument, (b) there <br />is a legal proceeding that might significantly affect Lend~'f'S interest in the Property and/or 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 nlay 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 Propeny, and securing and/or repairing <br />the Property. Lendet's actions can include. but are not limited to: (a) paying any sums secured by a lien <br />which b.as priority over this Security Instmment; (b) appearing in court; and (c) paying re.1Sonllble <br />attorneys' fees to protect its interest in the Propeny and/or rishts under this Security 111strument, including <br />its secured position in a bankruptcy proceeding. Securing the Propeny includes, but is not lim.ited 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 utilities turned <br />an or off. Although Lend.er may take action under this Section 9, Lender does not have to do sa and is not <br />under any duty Or obligation to do so. It is agreed that lender inCllrs no liability for not taking any or all <br />actions authorized under this St!CtiOQ 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security lnsttument. These amounts sball 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 />paymE::nt. <br />If this Security Instrument is an a leasehold, Borrower shall comply with all the provisions of the <br />lease. If Borrower acquires fee title to the ,Property, the leasehold and the fee title I:lha11 not merge unless <br />Lender agrees to the merger in writing. <br />10. Mortgage huiurancc. If Lender required Mortgage Insurtulce as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mongage Insurance in effect. If, for any reason, <br />the Mongage 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 tbe premiums for M0l1gage Insurance, Borrower shall pay the premiums requited to obtain <br />coverage substantially equivalent to tbe Mortgage Insurance previously in effect, at a cost substa.ntially <br />equ.ivalent to the cost to Borrower of the Mongage Insurance previously in effect, from an alternate <br />mongage insurer selected by Lender. If substantially equivalent Mortgage Insuranctl coverage is not <br />available, Borrower shall continue to pay to Lendtlr the amount of the separately designate4 payments that <br />wertl due when the insurance l;Overage ceased to be in effect. Lender will accept. 1l.se and retain these <br />payments as a non-refundable 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 earninss on such loss reserve. Lender can no longer requ.ire loss <br />reserve payments if Mortgage Insurancl: coverage (in the amount and for tbe period that Lender requires) <br />provicted by an insurer selected by Lendet again becomes availabl~, i~ obtained. and Lender requires <br />separately designated payments toward the premiums for Mortgage Insurance, If Lender requ.ired Mortgage <br />Insurance as a condition of making the Loan and Borrower was required to malce separately designatecl <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage In~urance in effect, or to provide a nan-refundable loss reserve. until Lender's <br />requirement for Mortgage Insurance ends in accorclimC;:c with any written agTe~ment between Borrower and <br />Lender providing for such termination or until termination is rl;lquiTtld by Applicable Law. Nothing in this <br />Section 10 affects Borrowtlr'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 f(,'Pay the Loan as agreed. Borrower is not a party to the Mortgage <br />1n..~'Urance . <br />Mongage insurers evaluate their total risk on all such insuranCe in force from time to time, and may <br />enter into agreements with other parties that share or modify ~heir filS};, or reduce losses. These agreements <br />are on tenus ana conditions that are satisfactory to the mortgage insurer and the other patty (or parties) to <br />these agTe~ments. These agreements may require thE:: mortgage insurer to maktl payments using any source <br />of funds that the mortgage insurer may have available (whicl1 nlay include funds obtained from Mongage <br />Insurance premiums). <br /> <br />. .6[NJ;IIOOOlil <br />I!I) <br /> <br />Inlll~l~ <br /> <br />paoe B (,r,., <br /> <br />Ftlrm 3028 1/01 <br />