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<br />200707443 <br /> <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to pprform the covenanls and agreements conlained in this Security Instrument. (h) there <br />is a legal proceeding that might signitlcanlly affect Lender's interest in the Properly and/or rights undn <br />lhis Security Instrument (such as a procepding in bankruptcy, probate, for condemnation or forfpiture, for <br />enforcernent of a lien which may attain priority over this Security Instrument or to enforce laws or <br />regulations), or (c) Harrower has abandoned the Property, then Lender may do and pay for whalpver is <br />reasonable or appropriate to protect Lender's interest in Ihe Property and rights under this Security <br />Instrument, including protecting and/or asspssing the value of 1111' Properly, and securing and/or repairing <br />the Propprty. Lender's actions can includp, but are nol limited to: (a) paying any SUlns spcured by a lien <br />whicll lias priority over this Spcnrity ]nslnlnl('nt: (b) appparing in conrt: and (c) paying reasonable <br />al1Orll('Ys' fees 10 protect its interest in till' Property and/or rigbts umler this Sl:cnrity Instrumeut, including <br />its secured position in a bankruptcy proceeding. Spcuring the Property includes, but is not limitpd to, <br />pntpring the Properly to make repairs, change locks, replace or board up doors and windows, drain water <br />from pipes, e1irninate building or other code violalions or dangerous conditions, and have utililies lurned <br />on or off. Although Lender may take action under this Section (), 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 laking any or all <br />actions authorized under Ihis Section D. <br />Any amounts disbursed by Lender under this Section () shall hecome additional lid)l of Borrower <br />secured by tbis Security Instrument. These amounls shall bear interest at the Note rate from the dale 01' <br />disbursenlenl and shall be payable, with such interest, upon notice frolll Lender to Borrower requesting <br />paynwnt _ <br />. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and Ihe fee title shall !lot Inerge unless <br />Lender agrees to the merger in writing. <br />IO. 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 Insurance in effecl. If, for any reason, <br />the Mortgage Insurance coverage required by Lender ceases to he available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separalely designated paymenls <br />toward the premiums for Mortgage Insurance, Borrower shall pay the prPllliullls requin'd 10 obtain <br />coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost subslantially <br />equivalenl to the cost to Borrower of the Morlgage Insurallce previously in effect, from an altclllatl~ <br />Illortgage insurer selected by Lender. If subslantially equivalent Mortgage Insurancc coverage is nOI <br />available, Borrower shall continue to pay to Lender the amount of the separately designated payments that <br />werp due when the insurance coverage ceased to he in effect, Lender wi\l accept, use and n~lain these <br />paymenls as a non-refundable loss reserve in ]ieu of Mortgage Insurance. Such loss reserve shall be <br />non-refullllabJe, notwithstanding the fael that the Loan is ultinlately paid in full, and I,ender shall not be <br />required 10 pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss <br />rpserve pilYlllents if Mortgage Insurance ('overage (in Ihe alllount allll for the period that I,('flder requircs) <br />provided by an insurer selected by Lender again becomes available, is oblained, and Leuder reqllirps <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 separalely designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums requin~d to <br />maintain Mortgage Insurance in effect. or to provide a non-refundable loss reserve, until Lendn's <br />requirement for Mortgage Insurance ends in accordance with any written agreelnent between Borrower and <br />Lender providing for snch termination or un!il termination is required by Applicable Law, Nothing in lhis <br />Sectiofl 10 affl'cls Borrower's obligation to pay interest at the raIl' provided in the Note. <br />lVlongage Insurance reimburses Lender (or any entity that pnrchases the Note) for cerlain lossts it <br />may incur if Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgagt <br />Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time 10 time, and Illay <br />enter into agreements with other parties that share or modify their risk, or reduce losses. These agreellltOIS <br />are on terms and conditions that are satisfactory to the ITlOrtgage insurer and the other party (or parties) to <br />thesl~ agre(:ments, These agreements may require the mortgage insurer to make paYlllenls using allY source <br />of funds that the mortgage insurer may have available (which may include funds obtained from lVlorlgiig(' <br />l1ISUrillIU' preuliuflls)_ <br /> <br />002004634292 <br />Ql-6A(NE) (0401).ol <br />Q>) <br /> <br />111I1I"'SG,E= L <br /> <br />Forrn3028 1/01 <br />CiriMol'lgagc :\,<_1 i .(11 V,I <br /> <br />PJge 8 of 1 S <br />