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200802938
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4/8/2008 3:20:10 PM
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4/8/2008 3:20:09 PM
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DEEDS
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200802938
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<br />200802938 <br /> <br />9. Protcd.ion of Lender's Interest in tile Property and Rights Under this Seeurity Instrument. If <br />(a) Borrower {ails to perform the covenll11ts and a~lS contained i?1 this Security lnstI1.u12~t, (b) there <br />is a legal proceeding that mjght Ilignifi~dy affect Lender's :interest 1n the Property. and/or ng~ts undcr <br />I:bis Security lnstnnnent (such as a proceeding in bankruptcy, probate, for condemnation or forfedure, for <br />enforccmenl of a lien which may attain priority over this Security Instrument or to enforce laws or <br />repations), or (e) Borrower haS abandoned the Propeny, then Lender may do and pay for whateVer is <br />reasonable or appropriate to protect Lender's D1terest in tbe Property and rights under this Security <br />Instrument, lDcludln; protecting and/or assessin,\; the val\'l.O of the Property, and securinl and/or repairing <br />the Property. Lender's actions can include, but arc not limited to: (a) payin. any SUD1S SCCUJed by a lien <br />which has priority over thilS Security Instrument; (b) appelll'inl :in court: and (c) paying reasonable <br />attorneys' fees to protect its interest in the Property and/or rights \Older this Security Instnnnent, including <br />its secured position in a bilDkruptcy proceeding. Securing the PropertY Inclu(lCS, but is not limited to, <br />entering the Property to make repairs, change locks, replace or board up doors and wiMOWS, drain water <br />from pipes, eliminate building or other code violations or dangerollS conditions. and have utilidcs turned <br />on or off. Although Lender may take action under this SectiOD 9, Lender does not bave to 60 so and is Dot <br />under any duty or obligation to do so. It is agreed that Lender iDCurs DO liability for not taking any or all <br />actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 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 />disbursemCDt and sball be payable, wit:h such interest, upon notieo from Lender to Borrower requesting <br /> <br />PllJ1Ilff~is Security Instxumcnt is on a leasehold, Borrower sball comply with alllhe provisions of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and t:he fee tiUe shall Dot merge unless <br />Lender agrees to the merler in writing. <br />10. Mortgage IosDraute. If Lender required Mongage Insuran<.:e 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 />the Monga;e Insurance coverage required by Lender ceases to bc available from the mortgage insurer that <br />previously provided such iPsurance and Borrower was required to make separately designated payments <br />toward the premiums for Mortgage Insurance. BO(TQwer shall pay the premiums required to obtain <br />eoveraie substantially equivalent to the Mortgage lnsuraDee previously in effect, at a cost substantially <br />equivalent to the cost to Borrower of the Mongage Insurance previously in effect, from an alternate <br />monl:a.Je insurer Selected by Lender. If substantially equivalent Mortgagelnsura:nce coverage is not <br />available, Borrower shall continue to pay to Lender the amount of the separately designated payments that <br />were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />paymcnts as a non-refnndable loss reserve m lieu of Mongage Insurance, Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the loan is ultimately paid in full, and Lender shall not be <br />required to pay Borrower any mterest or eamings on such loss reserve. Lender can no longer require loss <br />reserve payments if Mortgage Insurance covcrage (in the amount and for the periad that I..ender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and. Lender requires <br />separately designated payments toward the premiums for Mortgage Insunmee. If Lender required Mortgage <br />Insurance as a condition of making the Loan and Borrower was TCquired to make separately desirnated <br />payments toward the premiums far Mortgage Insurance. Borrower shall pay the premiums required to <br />maintain Mortaagc Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />reqlliremeot for Mortgage Insur.mce ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Natbina in this <br />Section 10 affccts Borrower's Obligation to pay interest at the raIe provided in the Nott:. <br />Mortgage InslltallCe reimburses Lender (or any entity that purchases the Note) for certain losses it <br />may incur if Borrower does not repay thc Loan as agreed. Borrower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from tUne to time, and may <br />enter into agreements with other panies that share or modify their risk, or reduce lasses, These agreeIDents <br />are on tenus and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. These agreements may require the mortgage insurer to make payments using 8.I1y source <br />of funds that the mortiagc insurer may have available (which may include funds obtained fr0111 Mortgage <br />InsW'lUlCC premiums). <br /> <br />01102B0022 <br /> <br />Inlllllo:'1 "77>1R <br /> <br />Form 3028 1/01 <br /> <br />CIIt-6INEII0407I.o~ <br /> <br />P:og. I Of 15 <br /> <br />f~ <br />
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