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200704486 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform tlle covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under tllis Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in ilie Property and rights under tlIis Security Instrument, including protecting and/or assessing ilie value of ilie Property, and securing and/or repairing ilie Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over tlIis Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in ilie Property and/or rights under iliis Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering ilie Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or oilier code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under tlIis Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under iliis Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from ilie date of disbursement and shall be payable, wiili such interest, upon notice from Lender to Borrower requesting payment. If iliis Security Instrument is on a leasehold, Borrower shall comply wiili all ilie provisions of ilie lease. If Borrower acquires fee title to ilie Property. ilie leasehold and ilie fee title shall not merge unless Lender agrees to tlle merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making tlIe Loan, Borrower shall pay ilie premiums required to maintain ilie Mortgage Insurance in effect. If, for any reason, ilie Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer tllat previously provided such insurance and Borrower was required to make separately designated payments toward ilie premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to ilie Mortgage Insurance previously in effect, at a cost substantially equivalent to ilie cost to Borrower of ilie Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender tlIe amount of ilie separately designated payments iliat were due when the insurance coverage ceased to be in effect. Lender will accept. use and retain tlIese payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwiilistanding ilie fact iliat ilie Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in ilie amount and tor ilie period iliat Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward ilie premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward ilie premiums for Mortgage Insurance, Borrower shall pay ilie premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance wiili any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Noiliing in iliis Section 10 affects Borrower's obligation to pay interest at ilie rate provided in ilie Note. Mortgage Insurance reimburses Lender (or any entity iliat purchases ilie Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements wiili oilier parties iliat share or modify ilieir risk, or reduce losses. These agreements are on terms and conditions iliat are satisfactory to ilie mortgage insurer and ilie oilier party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Page a of 15 1~~-1. .. ~ \},J ..6INE) 10005) <!> Form 3028 1/01