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<br />200803233 <br /> <br />9. Protection of I..ender's InteresUn the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under <br />this Security Instruinent (such as a proceeding in bankrUptcy, probate, for condemnation oT forfeiture, for <br />enforcement of a lieil which may attain priority over this Security Instrument or to enforce laws or <br />regulations), or (c) Borrower has abandoned the Property, then Lerider may do and pay for whatever is <br />reasonable or appropria~ to protect Lender's interest in the Property and rights under this Security <br />Instrument, inCluding protecting and/or assessing the value of the Property, and securing and/or repairing <br />the Property, Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien <br />which has priority over this Security }nstrument; (b)appearmg in court; and (c) paying reasonable <br />atlorneys'fees to ,protect its interest in the Property anq/orrightsunder this Security Instrument, induding <br />its secured position in a banlcruptcy proceeding.' Securing the Property includes, but is not limited to, <br />entering the Property tomake 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 />011 or off, ,Although ,Lender may tak:eaction under this Section 9" Le~derdoesnot bave to dQsoand is nOt <br />under any duty or obligation to do so. It is agreed that Lender incurs up liability for nottakirig any or all <br />actiotJ.sauthorizcd under this Section 9. ,... ,.' ..".,. '. . ',. <br />'. Any amounts disbursedbyl,ender. under ibis Section 9 shall become additional debt of l3orrower <br />secUred by' this' Security Instrument. These aniO\.!llts shall hear interest at. the Note rate from the date of <br />disburSement' and shall be payable, with such intere:>t, upon notice from Lender to Borrower requesting <br /> <br />paymfF~is Security InstnUllelit is on a leasehold, Borrower shall comply witball tbeprovisions 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 tothemergerin Writing. . <br />, to, Mortgage Inslll1U}ce. If Leilder 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 lnsurance 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 premillms required to obtain <br />coverage substantially equivalent to the Mortgage lnsurailce previously in effect,atacOilt substantially <br />equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an ,alternate <br />mortgage insurer selecte4 by Lender, If substantiallyequivaleJ:lt 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 Mortgage <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 toprovi4e anon-refundable loss reserve, until Lender's <br />requirement for Mortgage lnsuratice ends in accordaJice. with any written agreement between Borrower and <br />Lender providing for such termination or lUltil termination is required by Applicable, Law. Nothing in this <br />Section 10 affects Borrower's Obligation to pay interest at the rat'C provided in the Note. <br />Mortgage Insurance'reimburses Lender (or any entity that purchases the .Note) for certain losses it <br />may incur if Borrower does not repay the 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 time to time, and may <br />enter into agreements with other parties that share or modify their risk, or reduce losses, These agreements <br />are On tei:rnsand conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. 'Blese 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 />0110280078 <br /> <br />~-6(NE) (0407),02 <br /> <br />PageS of 16 <br /> <br />101.10'.: $'J R. <br />.." /I <br /> <br />Form 3028 1/01 <br />