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200803063
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4/11/2008 4:09:01 PM
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4/11/2008 4:09:00 PM
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DEEDS
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200803063
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<br />e <br /> <br />e <br /> <br />200803063 <br /> <br />9. Protect~on of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />~a) Borrower flUls.to perfo~ the ~ov~nants and agreements contained in this Security Instrument. (b) there <br />Is.a legal ,proceedwg that nught s1gmficantly affect Lender's interest in the Property and/or rights under <br />this Secunty Instrument (such as a proceeding in bankruptcy, probate, for condemnation 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 ~r app!opriate to. protect Lender',s interest in the Property and rights under this Security <br />Instrument, mcludmg pro~ and/or assessmg the value of the Property, and securing and/or repairing <br />the, Property. ~der's acho~ can ~clude, but are not limited ?>= (~) paying any sums secured by a lien <br />which has pnotlty over this Secunty Instrument; (b) appearmg 10 court; and (c) paying reasonable <br />~tomeys' fees ~ pro~ct its interest in the Property and/or rights under this Security Instrument. including <br />1tS s~ured posItion m a bankruptcy proceeding. SecUring the Property includes, but is not limited to, <br />entenng 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 dangerous conditions, and have utilities turned <br />on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lender incurs no 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 />disbursement and 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, the leasehold and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. Mortgage Insurance. 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 />the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums 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 an alternate <br />mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance 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 />payments as a non-refundable loss reserve in lieu of Mortgage 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 interest or earnings on such loss reserve. Lender can no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender 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 Insurance. If Lender required M?rtgage <br />Insurance as a condition of making the Loan and Borrower was required to make separately deSIgnated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. . . <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certaw losses It <br />may incur if Borrower does not repay the Loan as. agreed. Borrower is not a party to the Mortgage <br /> <br />InsUrance. . . d <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, an may <br />enter into agreements with other parties that share or modify their risk, or reduce losses. These agr~nts <br />are on terms 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 any source <br />of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums). <br /> <br />08-03-000146 <br /> <br />CIt-6AINEI (0407) <br /> <br />Initials: <br /> <br />P.ge8ofl~ <br /> <br />Form 3028 1'01 <br />
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