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<br />200710169 <br /> <br />reinstate, as provided in section titled Borrower's Right to Reinstate, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in <br />the Property or other material impairment of the lien created by this Security Instrument or Lender's security <br />interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or <br />inaccurate information or statements to Lender (or failed to provide Lender with any material information) in <br />connection with the loan evidenced by the Note. If this Stx-mity Instrument is on a leasehold, Borrower shall <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold ,md the fee <br />title shall not merge unless Lender agrees to the merger in writing. <br /> <br />Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements <br />contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in <br />the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enlorce laws or <br />regulations), then Lender may do and pay lor whatever is necessary to protect tlle value of the Property and <br />Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority <br />over this Security lnstrumc,'llt, appearing in court, paying reasonable attomeys' fees and enlG'['ing on the Property to <br />make repairs. Although Lender may take action lmder tIlis section, Lender does not have to do so. <br /> <br />Any amounts disbursed by Lender under this section shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender af,'Tee to othc,'[' terms of payment, these amowlts shall bear <br />interest from the date of disbursement at tile Note rate and shall be payable, with interest, upon notice from Lender <br />to Borrower requesting payment. <br /> <br />Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this <br />Security Instrument, Borrowc,'[' shall pay the premiums required to maintain the mortgage insurance in effect. If; for <br />any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall <br />pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in <br />ellixt, at a cost substantially equivalent to the cost to Borrower of tile mortgage insurance previously in ellixt, <br />from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is <br />not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage <br />insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender <br />will accept, use and retain tIlese payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments <br />may no longer be required, at the option of Lender, if mortgage insurance covc,nge (in the amount and lor the <br />period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. <br />Borrower shall pay ilie premiums required to maintain mortgage insurance in ellixt, or to provide a loss reserve, <br />until the requirement for mortgage insurance ends in aceordance with any written agreement between Borrowc,'f <br />and Lender or Applicable Law. <br /> <br />Inspection. Lender or its agent may make reasonable entries upon and inspections ofthe Property. Lender shall <br />give Borrower notice at tile time of or prior to an inspection specifying reasonable cause for the inspection. <br /> <br />Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection WitIl any <br />condemnation or oilier taking of any part ofthe Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br /> <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not tIlen due, with any excess paid to Borrower. In tile event of a partial taking of the <br />Property in which tile fair market value of ilie Property immtxliately before the taking is equal to or greater than <br />the amount of the sums secured by this Security Instrument shall be rtxluced by the amount of the proceeds <br />multiplied by the following fraction: (a) tile total amount of the sums secured immediately before the taking, <br />divided by (b) tile fair market value ofthe Property immediately before ilie taking. Any balance shall be paid to <br />BOITowc,'f. In the event of a partial taking of the Property in which the fair market value of the Propc,rty <br />immtxliately before the taking is less ilian the amount of tile sums secured immediately before tile taking, unless <br />Borrower and Lender oilierwise agree in writing or wlless Applicable Law oilierwise provides, the proceeds shall <br />be applied to ilie SunlS secured by this Security Instrument whetIler or not the SWllS are thc,'ll due. <br /> <br />G 2004.2007 Copyright Compliance Sy,ltOlllll. Inc. 8C9C-EDA5 - 2007.01.201 <br />COl:iSUn:u:rr R~a.l Estate ~ Socl.uity Instrument DL2036 <br /> <br />P9.gtI401"8 <br /> <br />www.compliIlJlcesYll1.errlll.cUII! <br />800-968.8522. Fax 616.956.1868 <br />