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<br />200710809
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<br />Instrumcnt or to enforce laws or regulations), or (c) Borrowcr has abandoned the Property, thcn Lcnder
<br />may do and pay for whatever is reasonablc or appropriate to protect Lender's interest in the Property and
<br />rights under this Security Instrument, including protecting and/or assessing the valuc of the Property,
<br />and sccuring and/or repairing the Property. Lcndcr's actions can include, but arc not limited to: (a)
<br />paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in
<br />court; and (c) paying Reasonable Attorneys' Pees to protect its interest in the Property and/or rights
<br />under this Security Instrument, including its sccurcd position in a bankruptcy procceding. Securing the
<br />Property includes, but is not limited to, entering thc Property to make repairs, change locks, replace or
<br />board up doors and windows, drain water from pipcs, climinate building or other codc violations or
<br />dangerous conditions, and have utilities turned on or off. Although Lender may take action under this
<br />Section 8, Lender docs not have to do so and is not under any duty or obligation to do so. It is agreed
<br />that Lcnder incurs no liability for not taking any or all actions authorized under this Section 8.
<br />Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower
<br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
<br />disbursement and shall be payable, with such intcrest, upon notice from Lender to Borrower requesting
<br />payment.
<br />If this Security Instrumcnt is on a leasehold, Borrowcr shall comply with all the provisions of the
<br />lease. If Borrower acquires fee title to the Property, the leasehold and the fee titlc shall not merge unless
<br />Lender agrees to the merger in writing.
<br />9. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellancous Proceeds are
<br />hereby assigned to and shall be paid to Lender.
<br />If the Property is damagcd, such Miscellaneous Procecds shall be applied to restoration or repair of
<br />thc Property, if the rcstoration or repair is economically feasible and Lender's sccurity is not lessened.
<br />During such repair and rcstoration period, Lender shall have the right to hold such Miscellaneous
<br />Proceeds until Lender has had an opportunity to inspect such Property to ensure thc work has been
<br />completed to Lender's satisfaction, provided that such inspection shall be undertakcn promptly. Lender
<br />may pay for the repairs and restoration in a single disbursemcnt or in a series of progress payments as
<br />the work is completed. Unless an agreement is made in writing or Applicable Law rcquires interest to be
<br />paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
<br />earnings on such Miscellaneous Procccds. If the restoration or repair is not economically feasible or
<br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by
<br />this Security Instrument, whether or not then due, with the exccss, if any, paid to Borrower. Such
<br />Miscellaneous Proceeds shall bc applied in the order providcd for in Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Misccllaneous
<br />Proceeds shall be applied to thc sums secured by this Sccurity Instrument, whether or not then due, with
<br />the excess, if any, paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which thc fair market
<br />value of the Property immediately bcfore the partial taking, destruction, or loss in value is equal to or
<br />greater than the amount of the sums secured by this Security Instrument immediatcly before the partial
<br />taking, destruction, or loss in value, unless Borrower and Lender otherwisc agree in writing, thc sums
<br />secured by this Sccurity Instrumcnt shall be reduced by the amount of thc Miscellaneous Procccds
<br />multiplied by the following fraction: (a) the total amount of the sums securcd immediately beforc the
<br />partial taking, dcstruction, or loss in value divided by (b) the fair market value of the Property
<br />immediately beforc the partial taking, destruction, or loss in value. Any balance shall be paid to
<br />Borrower.
<br />In thc cvent of a partial taking, destruction, or loss in value of the Propcrty in which the fair market
<br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the
<br />amount of the sums securcd immediately before the partial taking, destruction, or loss in value, unless
<br />Borrower and Lender otherwise agree in writing, thc Miscellaneous Procecds shall be applied to the
<br />sums secured by this Security Instrument whether or not the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
<br />Opposing Party (as defined in thc next sentence) offers to make an award to settle a claim for damages,
<br />Borrowcr fails to respond to Lender within 30 days after the date the notice is given, Lcndcr is
<br />authorized to collcct and apply the Miscellaneous Proceeds cithcr to restoration or repair of the Property
<br />or to the sums secured by this Security Instrument, whethcr or not then due. "Opposing Party" means the
<br />third party that owes Borrowcr Miscellaneous Proceeds or the party against whom Borrower has a right
<br />of action in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whcther civil or criminal, is begun that, in
<br />Lender's judgment, could rcsult in forfeiture of the Property or other material impairment of Lender's
<br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
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<br />NE.2030-1206
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