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� � 201009633 <br />Preservation, M�intenance and Protection af the Property; Sorrower's Loan Application; Leaseholds. <br />Borrower shall not destray, damage ar impair the Property, allaw the Property to deteriorate, or comrnit waste on <br />the Property. Borrower shall bs in default if any fo�rfeiture action or proceeding, whether civil or criminal, is begun <br />that in Lender's good faith judgrnent could result in farfeiture of the Froperty or otherwise materially impair the <br />lien created by this Security Instrument or I,ender's security interest. Borrower may cu1'e such a default and <br />reinstate, as provided in section titled Borrower's Right to Reinstate, by causing the action or proceeding to be <br />dismissed with a rulin$ that, in Lender's good faith determination, precludes forfeiture of the Barrower's interest in <br />the Praperty 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 Borrower, during the loan application process, gave materially false or <br />inaccurate information or statemsnts ta 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 />cornply with all the provisions of the lease. If Borrower acquires fee title to the Properiy, the leasehold and ths fee <br />title shall not merge unless Lender agrees to the merger in writing. <br />Protection of Lender's Rights in the Property. Tf Borrower fails to perform the covenants and agreements <br />cantained in this Security Tnstrument, or there is a legal proceeding that may significantly affect Lender's rights in <br />the Property (such as a proceeding in bankiuptcy, probate, for condemnatian or forfeiture or to enforce laws or <br />regulations), then Lender may do and pay far whatever is necessary to protect the value of the Property and <br />Lender's rights in the Property. Lender's actions may include paying any sunns 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 take action under this section, I.ender does not have to da sa. <br />Any amounts disbursed by L,ender under this section shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree ta other terms of payment, these amounts shall bear <br />interest fram the date of disbursement at the Note rate and shall be payable, with interest, upon notice from I,ender <br />to Borrower requesting payment. <br />Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this <br />5ecurity Insta Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for <br />any reason, the mortgage insurance coverage required by Lender 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 ta the cost to $orrower af the mortgage insurance previously in 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 />insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. �,ender <br />will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments <br />may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amaunt and for the <br />period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. <br />Borrawer shall pay the premiums required to maintain znortgage insurance in effect, or to provide a loss reserve, <br />until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower <br />and Lender or Applicable I,aw. <br />Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notica at thc tirne 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 of any part of the Property, or far canveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />Tn the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid ta Borrower. In the event of a partial taking of the <br />Property in which the fair market value of the Property immediately before the taking is equal to or greater than <br />the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and <br />Lender atherwise agres in writing, the sums secured by this Security Instnunent shall be reduced by the atnaunt of <br />the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately befare the <br />taking, divided by (b) the faix market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. In the event of a partial taking of the Properiy in which the fair market value of the Property <br />immediately before the taking is less than the amount of the sums secured irnmediately �fore 'the taking, unless <br />Barrower and Lendar otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the sums secured by this 5ecurity Instrument whether 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 offers to <br />make an award or settle a claim far damages, Borrower fails to respond to Lender within the minimum number of <br />days established by Applicable Law after the date the notice is given, L,ender is authorized to callect and apply the <br />proceeds, at its aption, either to restoration or repair of the Property or to the sums secured by this Security <br />Instrument, whether or not then due, <br />LTnless Lender and Borrower otherwise agree in writing, any application of procceds tn principal shall not extend <br />or postpone the due date of the payments Payment of Principal and Interest; Late Charges and Funds for <br />Taxes and Tnsurance or change the amaunt of such payments. <br />Borrower Not Released; Forbearance By Lender Not a WaIver. Extension of thc time for paytnent or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor i� <br />interest of Borrovver shall not operate to release the liability of the original Bonrower ar Borrower's successors in <br />� 2004-2009 Compliance Systcros, [nc. 002D-498d - 2009.12368 <br />Cansumer Resl Estate - Seeuriry Instrumen[ pL2036 Page 3 oF6 www.eompliancesystems,com <br />