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200806847 9. lP'rotectioo of Lender's Interest in the lP'ropcrty andlRights Under th.is SeCW'ity Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrumen~ (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce . laws or regulations), 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 1.U1der this Security Instrument including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender s actions can include, but are not limited ta (a) paying any sums 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 lUlder this Security Instrumen~ including its secured position in a bankruptcy proceeding. Securing the Property include~ but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and window~ drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities twned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not 1.U1der any duty or obligation to do sa It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9 Any amounts disbursed by Lender lUlder this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amoWlts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold Borrower shall comply with all the provisions of 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. Hli. Mortgage InSlllfance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amolUlt of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non- refundable, notwithstanding the fact that the Loan is ultimately paid in fulL and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amolUlt and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect or to provide a non-reflUldable loss reserve, lUltil Lender s requirement for 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 affects Borrower s obligation to pay' interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity 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 Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk. or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of flUlds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). VMIF'-6A(NIE) (0407).01 Page 8 on 5 Form 3028 1/01 11--r~