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200802449
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3/24/2008 4:13:53 PM
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3/24/2008 4:13:52 PM
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DEEDS
Inst Number
200802449
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<br />200802449 <br /> <br />8. Burrower's Loan Application. Borrower shall be in default if, during the Loan <br />application process, Borrower or any persons or entities acting at the direction of Borrower or <br />with Borrower'R knowledge or consent gave materially false, miRleading, or inaccurate <br />information or Rtatements to Lender (or failed to provide Lender with material information) in <br />connection with the Loan. Material representations include, but are not limited to, representations <br />concerning Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. If (a) Borrower failR to perform the covenants and agreements contained in this <br />Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest <br />in the Property and/or rights under this Security InRtrument (such as a proceeding in bankruptcy, <br />probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over <br />this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the <br />Property, then Lender may do and pay for whatever is reasonable or appropriate to protect <br />Lender's interest in the Property and rights under this Security Instrument, including protecting <br />and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's <br />actions can include, but are not limited to: (a) paying any sums secured by a lien which has <br />priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' <br />fees to protect its interest in the Property and/ur rights under this Security Instrument, including <br />its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited <br />to, entering the Property to make repairs, change locks, replace or buard up doors and windows, <br />drain water from pipes, eliminate building or other code violations or dangerous conditions, and <br />have utilities turned on or off. Although I,ender may take action under this Section 9, Lender does <br />not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs <br />no liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 Rhall become additional debt of <br />Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate <br />from the date of disbursement and shall be payable, with such interest, upon notice from Lender <br />to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions <br />of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not <br />merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making <br />the Loan, Borrower shall pay the premiumR required to maintain the Mortgage Insurance in effect. <br />If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from <br />the mortgage insurer that previously provided such insurance and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay <br />the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance <br />previously in effect, at a cost Rubstantially equivalent to the cost to Borrower of the Mortgage <br />Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If <br />substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to <br />pay to Lender the amount of the separately designated payments that were due when the insurance <br />coverage ceased to be in effect. Lender will accept, use and retain these payments as a <br />non-refundable loss reserve in lieu of Mortgage Immrance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall <br />not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no <br />longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the <br />period that Lender requires) provided by an insurer selected by Lender again becomes available, is <br />obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and <br /> <br />_ -6(NE) (0407) <br /> <br />1='0.91:1 9 of 16 <br /> <br />Initials: H. H . J'l- <br />.J) b L Form 3028 1/01 <br />fiN A- <br />
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