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201008451
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11/12/2010 3:37:13 PM
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11/12/2010 3:37:13 PM
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201008451
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201008451 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this S�curity Instrument, (b) there <br />is a lc:gal praceeding that might significantly affect Lender's interest in the Property and/or rights under <br />this Svcurity Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enfarcement of a lien which may attain priority over this Security Instrument or to enforce laws or <br />regulations), or (c) Borrower has abandaned the Property, then Lender may do and pay for whatever is <br />reasonable c>r apprapriate to proteet 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 limitcd to: (a) paying any sums secured by a li�n <br />which has priority c�ver tliis Security Instrument; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to prot�ct its interest in the Property and/ar rights under this Security Instrument, including <br />its secured position in a bankruptcy procceding. Securin�; the Prop�rty includes, but is not limited ta, <br />entering the Property to make repairs, change locks, replace or board up doors and windows, drain water <br />from pi�aes, eliminatc: 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 abligation to do so. It is agreed that Lender incurs no liability for not taking any or all <br />aetions autharized under this 5ection 9. <br />Any amounts disUursed by Lender under this Sectian 9 shall become additional dc:bt of I3orrower <br />securcd by this Security Instrument. These amaunts 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 Sccurity Instrument is an 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 />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition af making the Loan, <br />Borrower shall pay the premiums required ta maintain the Mart�a�;c Tnsurance 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 $orrower was required to make separately designated payments <br />tow<�rd the premiums for Mortgage Insurance, Barrower shall pay the premiums required to obtain <br />coverag� 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 hy Lendcr. If substantially equivalent Mortgage Insurance coverage is not <br />available, Aorrower shall continuc: to �ay to Lcnder the amount c�f the separatcly designatcd �ayments 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-refimdable loss reserve in lieu of Mortgage Insurance. 5uch 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 obtdined, and Lcndcr requires <br />separately designated payments toward the premiums for Mortgage Insurance. If Lender required Martgage <br />Insurance as a condition 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 Mort�;age Insurance in effect, or to provide a no.n-re:fundablc: lass rescrvc, until Lender's <br />requiremc��t for Mortgag� Insurance ends in accordance with any written a�rcement betwcen Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nathing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />iVlortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it <br />may incur if Borrc�wer does not repay the Loan �.s agreed. Barrower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in farce from time to time, ai�►d rnay <br />enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements <br />are on terms and conditions that are satisfactory to the mart�age insurer and the other party (or parties) to <br />these agreemc.~nts. These agreements may require th� martgage insurer to make payments using any s�urce <br />of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurancc premiums). <br />�-6(NE) �oao7�.oz <br />� <br />� s -�/�L�� <br />P�e 8 of 15 � � <br />iiiio��zos <br />Form 3028 1/01 <br />
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