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201001205
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2/24/2010 4:15:43 PM
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2/24/2010 4:15:42 PM
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DEEDS
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201001205
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2oiooi2o~ <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. if <br />(a) Torrower 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 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 lnstrumcnt 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, I,endcr's actions can include, but are not limited to: (a) paying any sums secured by a lien <br />which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including <br />its 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 arrd 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 ~ shall become additional debt of Borrower <br />secured by this Security lnstrumcnt. 'Chew 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 />1.0. Mortgage Insurance. if Lender required Mortgage Tnsurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. Tf 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 Iiorrawer was reyuired to make se:paraiely 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 do alternate <br />mortgage insurer selected by Lender, If substantially equivalent Mortlage 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. l..ender will accept, use and retain these <br />payments as anon-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 Tnsurance. Tf Lender required Mortgage <br />Tnsurance as a condition of making the Loan and Borrower was required to make separately designated <br />payments toward the premiums for Mortgage Tnsurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Bprrawer and <br />Lender providing for such termination ar until termination is required by Applicable l.aw. 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 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 ar modify their risk, or reduce losses. These agreements <br />arc: on terms and conditions that are satisfactory to the rortgage insurer and the other party (or parties) to <br />these agreements. 7"hose 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 />A17.03t]1,335 <br />i ueiSfC <br />-6(N~) (nao7~.az Pepe 8 ~f 15 Form 3028 1/0) <br />
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