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<br /> <br />200707399 <br /> <br />9. Protection of Lender's Interestin the Property and Rights Under this Security Instrument.. If <br />(a) Borrower fails to perfonn the covenants and agreements coi1tainedin this Security Instrument,(o) there <br />is . a .legal. proceeding that might significantly affect Lender'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.. Instrunient .or to enforce. laws or <br />regulations), or (c) Borrower has abandoned the Property, then Lender inaydo and pay for Whatever is <br />reasonable or appropriate to protect Lender's mterest in the Ptopertyandrightsunderthis Security <br />Instrument, including. protecting and! or . assessing .. the. value of thef>roperty ,.andsecuringandJ or repairing <br />the Property. Lender's actions can include, but. are not limited to: (a) paying any sums secured bya lien <br />which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the Propertyand!or rights under this Security Instrument, 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,. elimmate building or other code violations or dangerous conditions, and ha.veutilities turned <br />on oroff. Although Lender may take action under this Section 9, Len.derdoes 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 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 Instrument. These amounts shall bear interest at the Note rate from the datc of <br />disbursement. and shall be payable, with such interest, upon. notice from Lender to.. BorrOWer requesting <br />payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply. with a.11 the provisions 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 mergerin writing. <br />10. Mortgage Insurance. If Lendenequired MOrtgage Insurance as a. condition of inaking the Loan, <br />Borrowershall pay the premiums required to maintain the Mortga.ge Insurancem effect. If, for any reason, <br />the Mortgage Insurance coverage required by Lender ceases to be avaihible from the mortgage. insurer that <br />previouslyprovidcd such insurance and . Borrower . was required .t6 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 Mortgagelnsurancepreviously 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 substa.n.tia.llyequivalent Mortgage Insura.n.ce 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 will accept, use and retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such lossreserve shall be <br />non-refundable, notwithstanding the fact that the Loan is uItimatelypaid in full, and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Lender can 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 becomesavailable,is obtained, and Lender requires <br />separately. designated payments toward the prcmiums for MortgageJnsurance. If Lender required. Mortgage <br />Insurance as a condition ofma1cing the Loan. and Borrower was required to make separately designated <br />payments toward the premiums for Mortgage Insura.n.ce, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effett, or to provide a non-refundable loss reServe, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any Written agreementbetween Borrower and <br />Lenderprovidingfor such tenninationoruntil tenninationis required by Applicable Law. Nothing in this <br />Section 10 affects. Borrower' sobligation to pay interest at the rate provided in the Note. <br />Mortgage Insurancc 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. time. t() time, and may <br />enter into agreements with other parties that shareormodify theirnsk,oneduce losses. These agreements <br />are on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />theseagreemertts.. These agreements may. require the mortgage insurer.. to make. payments using. any. sourcc <br />of funds that the mortgage insurer may have available (which may. include funds obtained from Mortgage <br />InsuranCe premiums). <br /> <br />.-6INEI (0407).02 <br />@ <br /> <br /> <br />Pag98of15 <br /> <br />Form3028 1/01 <br />