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<br />200805023 <br /> <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower falls 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 Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a Ilen 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 or appropriate 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 Uen <br />which has priority over this Security Instrument; (b) appearing in cour!; and (c) paying reasonable <br />attorneys' fees to protect lis Interest in the Property and/or rights under this Security Instrument, including <br />lis secured position In a bankruptcy proceeding. Securing the Property Includes, but is not limited to, <br />entering 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 utilllles turned <br />on or off. Although Lender may take acllon 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 thaI Lender Incurs no liability for not taking any or all <br />actions authorized under this See lion 9. <br />Any amounts disbursed by Lender under this Section 9 shall become a'ddillonal 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 !lIe merger In wrlting. <br />10. Mortgage Insurance, If Lender required Mortgage Insurance as a condllion 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 />avaJlable, 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 wlll accept. use and relain 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 nny 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 condillon 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 i1ccordance with any wrillen agreement between Borrower and <br />Lender providing for such terminallon or until termination Is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay' interest at the rale provided In the Note. <br />Morlgage Insurance reimburses Lender (or any entity that purchases the Note) for cerlain 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 rlsl( on all such Insurance In force from time to time, and may <br />enter into agreements wilh other parties that share or modify their rlsl(, or reduce losses. These agreements <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 hilve avalJable (which may Include funds obtaIned from Mortgage <br />[osum." p<o,,"um,). (.;) /, <br /> <br />002005425058 /nltl.l~ <br />.-SAINE) (0401).01 Pogo Sor 15 Form 3028 1'01 <br /><Il <br />crllMortllago 3.2.15.13 va <br />