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��.r � ,�.{ � ��} 2oioos4s� <br />Unless Lender and Borrower otherwise agree in writing, at�y application of proceeds to principal shall not extend <br />or postpone the due date of the payxzients referred to in the sections titled Payment of Principal and Interest; <br />Late Charges and Funds for Taxes and Insurance or change the amou.nt of the payments. If under the section <br />titled Acceleration; Remedies, the Property is acquired by I,ender, Borrower's right to any insurance policies and <br />proceeds resultiz�g from damage to the Property priar to the acquisition shall pass to Lender to the extent of the <br />sums secured by this Security Instrument irnrnediately priar to the acquisition. <br />Preservation, M�intenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br />Barrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on <br />the Property. Borrower shall be in default if aiay forfeiture action or proceeding, whether civil or criminal, is begun <br />that in Lender's good faith judgment could result in forFeiture of the Property ar otherwise materially impair the <br />lien created by this Security Instrument or I,ender's security interest. Borrower may cure such a default and <br />reinstate, as pravided in section titled Borrower's Right to Reinstate, by causing the action or proceeding to be <br />disrnissed with a ruling that, in Lender's gaad faith determination, precludes forfeiture of the Borrower's interest in <br />the Properiy or other material impairment of the lien created by this Security Instrument or Lender's security <br />interest. Borrower shall also be in default if Sorrower, during the loan application process, gave materially false or <br />inaccurate information or statements to Lender (or failed to provide Lender with any material information) in <br />connection with the loan evidenced by the Note. If this Security Instrument is on a leasehold, Bonower shall <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee <br />title shall not merge unless Lender agrees to the merger in writing. <br />Protection of Lender's Rights in the Property. If Borrower fails to perform tha covenants and agreements <br />contained in this Security Instrument, ar there is a legal proceeding that may significantly afFect Lender's rights in <br />the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and <br />Lender's rights in the Property. L.ender's actians may include paying any sums secured by a lien which has priority <br />over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to <br />make repairs. Although Lender may talce action under this section, I..ender does not have to do so. <br />Any amounts disbursed by Lender under this section shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and I,ender agree to other terms of payment, these amounts shall bear <br />interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice fram Lender <br />to Borrawer requesting payrnent. <br />Mortgage Insurance. If I,ender required mortgage insurance as a condition of making the loan secured by this <br />Security Instnunent, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for <br />any reason, the mortgage insurance coverage required by I.ender lapses or ceases to be in effect, Borrower shall <br />pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in <br />effect, at a cost substantially equivalent to the cost to Borrower of the rnortgage insurance previously izz effect, <br />from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is <br />not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage <br />insuxance premium being paid by Borrower when the insurance coverage lapsed or ceased ta be in effect. Lender <br />will accept, use and retain these payments as a loss reservs in lieu of mortgage insurance. Loss reserve payments <br />may na longer be requ�ired, at the optian af I.ender, if martgage insurance coverage (in the arnount and for the <br />period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. <br />Sorrower shall pay the premiwns required to maintain mortgage insurance in effect, or to provide a loss reserve, <br />until the requirement for mortgage insurance ends in accordanca with any written agreement between Borrower <br />and Lender or Applicable Law. <br />Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking af any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />In th� event of a tatal taking af the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrurnent, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the <br />Property in which the fair market value of ihe Property immediately before the taking is equal to or greater than <br />the amount of the sums secured by this Security Instrument nnmediately before the taking, unless Borrower and <br />Lender otherwise agree in vvriting, the surns secured by this Security Instrument shall be reduced by the amount of <br />the proceeds multiplied by the following fractian: (a) the total amount of the sums secured immediately before thc <br />taking, divided by (b) the fair market value o£ the Praperty immediately before the talcing. Any balance shall be <br />paid to Borrower. In the event af a partial taking of the Property in which the fair market value of the Property <br />immediately before the taking is less than the amount of the sums secured 'unmediately before the taking, unless <br />Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the sums secured by this Sscurity Instrument vvhether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor affers tv <br />make an award or settle a claim for damages, Borrower £ails to respond to Lender within the xninimum number of <br />days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the <br />proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security <br />Instrument, whether or not then due. <br />� 2004-2009 Complisnce Systems, Inc. 002D-8908 - 2009.12368 ' <br />Conaumer Real Eatale - Sxurity Inaltumari DL2036 Page 3 oF6 www.complisnccsystams.com <br />