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201008143
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11/2/2010 3:25:34 PM
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11/2/2010 3:25:33 PM
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201008143
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2oiaosi43 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) I3orrawer fails to perform the covenants and agreements contained in this Security Instrument, (b) there <br />is a legal proceeding tliat rnight significantly affect Lender's interest in the Property and/or rights under <br />this 5eeurity Instrument (such as a proeeeding in bankruptcy, probate, fc�r eandemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Sccurity Instrument or to enforce laws or <br />regulations), or (c) Borrc�wer has abandoned the Property, then Lender mxy do and pay for whatever is <br />reasonable or appropridt� to proteet Lender's interest in the Prop�rty and rights under this Security <br />Instrument, including protecting ancl/or assessing the value of the 1'roperty, and securing and/or repairing <br />the Praperty. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien <br />which has priority c�ver this Security Instrument; (b) app�;arin�; 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 s�cured pasition in a bankruptcy praceeding. Securing the Proparty includes, but is not limited ta, <br />entering the Property to rnake repairs, change locks, replace or board up doars and windows, drain water <br />from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned <br />on or off. Altl�pugh Lender may take action uncicr this Section 9, Lender does not have to do so and is not <br />under any duty or obligation to do so. It is agrecd that Lender incurs no liability for not taking any or all <br />actions authorized under this Sectian 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Sccurity Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall bc �ayahle, with such interest, upon notice from I,cnder to Borrower requesting <br />payment. <br />lf this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lease. Tf Borrower acquires fee title to the Property, the leasehold and thc: fee title shall not merge unless <br />I�ender agrees to the merger in writing. <br />i0. Mortga�e Insurance. If Lender required Mortgage Insurance 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 Mortgag� Insurance coverage required by Lender ceases ta be available fi the mortgage insurer that <br />previc�usly provided such insurance and Aorrower was required to make separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the pr�miums 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 eff�ct, from an alternate <br />mortgagc insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not <br />available, Bc>rrpwer shall cont'rnue to pay to Lender thc am��unt 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-refundablc lass reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, natwithstanding the fact that the Laan is ultimately paid in full, and Lender shall not bc <br />requircd to pay Borrower any interest c�r carnings on such lass reserve. Lender can no longer require lass <br />rescrve payments if Mortgage Insurance coverage (in the amount and for the period that Lend�r requires) <br />provided by an insarer selected by Lender again becames availahle, is abtained, 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 I,oan and E3orrawer was required to make separately designated <br />payments taward the premiums for Mortgage Insurancc, IIorrc�wer shall pay the premiums required to <br />maintain Mortgage Insurance in eFfcc:t, or to pravide a non-refundable loss reserve, until Lendcr's <br />requirement for Mortgage Insurance �nds in accardance with any written agreement between $orrower and <br />Lender providing for sucl7 terminatian or until termination is required by Applicable I,aw. Nathing in this <br />Section 10 affects Iiarrower'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 Borrowcr dacs not repay the Loan as agreed. Borrower is not a party to tht Mortgage <br />lnsurance. <br />Mort�;xge insurers evaluate their total risk c�n all such insurance in force from time to time, and may <br />cntcr into agreements with other parties that slaa.re or modify their risk, 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 a�reements. These agreements may require the mort�;a�;e insurer to make payments using any source <br />of funds that the mortgage insurer may have available (which may include funds abtained from Mortgage <br />Insurancc premiums). <br />�-6(NE) �oao��.o2 <br />� <br />P�e 8 pf 15 <br />� � �r� <br />�y <br />F�����1-'S��YitJ <br />Form 3028 1/01 <br />
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