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RE~RECORDED 200804894 200708844 9. Protection of Lender's Interest in the Property and R1Shts Under this Security Instrument. If (a) Borrower fails to perform tlle covenants and agreements contained in this Security Instrument, (b) there is n legal proceeding that might significantly nffect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or rarfelture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulntions), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, Including protecting and/or asse.ssing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any SUma secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in n bnnkruptcy proceeding. Securing the Properly includes, but is not limited to, entering the Property to mnke repairs, change locks, replace or board up doors and windows, drain watcr Cram pipes, eliminate building or other code violations or dangerous condiLlons, and hnve utili lies turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duly or obligation to do so. It is agreed that Lender incurs no liability Cor not taking any or all nctions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dale of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security InstrumenL is on a leasehold, Borrower shall comply with all the provisions oC the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. M0I1gllge Imurance. If Lender required Mortgage Insurance as a condition of making the LOlIfl, Borrower shnl! pay the premiums required to maintain Lhe Mortgage Insurance in effect. If, for any reason, the Morlgage Insurance coverage required by Lender ceases to be available from the mortgage insurer thai previously provided such insurance and Borrower was required to make separalely designated payments Loward the premiums for Mortgage Insurance, Borrower shall pay the premiums rcquired to obtain coverage substantially equivalent to the Mortgage Insurance prl'viously in effect, at a cost substantially l'quivalenl to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selecLed by Lender. If substnntially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when lhc insuran~'C coverage ceased to be in efCect. Lender will accept, use and reLain these payments ns a non-refundable loss reserve In lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the Cactthat the Loan is ultimately paid in Cull, and Lender shall not be required to pay Borrower any interest or earnings on such 1088 reserve. Lender can no longer require loss reserve payments if Mortgage I/lsurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again bec,)mes available, is obli\Oled, and Lemler requires separately designaled payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as u condition of making the Loan and Borrower was required to make separately designuted payments toward tbe premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintnin Mortgage Insurance in effect, or to provide a non-refundnble loss reserve, until Lender's requirement Cor Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination Or until termination is required by Applicable Law. Nothing in this Section 10 affl'cts Borrower's obligntion to pal! interest at the rate provided in the Note. Mortgnge Ir.surance reimburses Lender (or any enlity that purchases the Note) for certain losses it may Incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurnnce. Mortgage insurers evaluate their total risk on all such insurance in force Cram time to time, and may enter into agreements with other parties that ahare or modify lhelr risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to tile mortgage insurer and the other party (or parlies) to these agreements. These agreements may require the mortgage insurer to malce pnymentq nsing any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). l1Ill.6AINE) 104071.01 Page BQf 15 '^It"''''~ Form 3028 1/01