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<br />200709078 <br /> <br />9, Protection of Lender's Interest in the Propel1y and Rights Under this Security Instrument, If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrwnent, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights llllder <br />this Security Instrument (such as a proceeding in bankruptcy, probate, for condenmation 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 may do and pay for whatever is <br />reasonable or appropriate to protect Lender's interest in the Property and rights llllder 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 swns secured by a lien <br />which has priority over this Security Instrwnent; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the Property and/or rights under tllis Security Instrwnent, including <br />its secured position in a bankruptcy proceeding. Securing Ule 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, eliminate building or other code violations or dmIgerous conditions, mId have utilities turned <br />on or off. Although Lender may take action under this Section 9, Lcnder does not have to do so mId is not <br />llllder any duty or obligation to do so, It is agreed that Lender incurs no liability for not taking ml)' or all <br />actions authorized under this Section 9, <br />Any mnounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrwnent. These mnowlts shall bear interest at the Note rate from Ule date of <br />disbursement mId 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 all the provisions of the <br />lease. If Borrower acquires fee title to the Property, tile leasehold and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. MOli2age Insul'allee, 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 effect. If, for any reason, <br />tile Mortgage Insurmlce coverage required by Lender ceases to be available from the mortgage insurer Ulat <br />previously provided such insurance and Borrower was required to make separately designated payments <br />toward the premiwns for Mortgage InsurmIce, Borrower shall pay the premiwlls required to obtain <br />coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially <br />equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from ml alternate <br />mortgage insurer selected by Lender. If substantially equivalent Mortgage InsurmIce coverage is not <br />available, Borrower shall continue to pay to Lender the amowlt of Ule separately designated payments tllat <br />were due when tile 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 loss reserve shall be <br />non-refwldabIe, notwiUlstmlding Ule fact that the Loml is ultimately paid in full, mId 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 InsurmlCe coverage (in the mnollnt and for Ule period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, mId Lender requires <br />separately designated payments toward Ule premiums for Mortgage IlIsurmlce. If Lender required Mortgage <br />Insurance as a condition of maldllg the Loml and Borrower was required to make separately designated <br />payments toward Ule premiwlls for Mortgage Insurance, Borrower shall pay Ule premiums required to <br />maintain Mortgage InsurmIce in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance WiUI any written agreement between Borrower mId <br />Lender providing for such termination or lllltil termination is required by Applicable Law. NoUling in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage 11lsurmlce reimburses Lender (or mIy entity that purchases Ole Note) for certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to Ole Mortgage <br />Insurance. <br />Mortgage insurers evaluate Oleir total risk on all such insurance in force from time to time, mId may <br />enter into agreements WiUI other parties tlmt share or modifY tlleir risk, or reduce losses. These agreements <br />are on terms and conditions tlla! are satisfactory to tile mortgage insurer and tile otller party (or parties) to <br />tilese agreements. These agreements may require the mortgage insurer to make payments using mlY source <br />of fWlds Umt tile mortgage insurer may have available (which may include fWlds obtained from Mortgage <br />Insurance premltulls). <br /> <br />8800278337 <br /> <br /><ali,-6A (NE) (0407),01 <br /> <br />Pogo 8 of 1 5 <br /> <br />Inilials.: <br /> <br />S"L. <br />~ <br /> <br />8800278337 <br /> <br />Form 3028 1/01 <br />