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2oiioo2s4 <br />connection with the Loan. Material representations include, but are not limited to, <br />representations concerning Borrower's occupancy of the Property as Borrower's principal <br />residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. If (a) Borrnwer fails to perform the covenants and agreements contained in this <br />Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's <br />interest in the Property and/ar rights under this Securiry Instrument (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enfarcement of a lien which may attain <br />priariry over this Securicy Instrument or to enforce laws or regulations), or (c) Borrower has <br />abandoned the Property, then Lendex may do and pay for whatever is reasonable or appropriate <br />to protect I,ender's interest in the Property and rights under this Security Instrument, including <br />protecting and/or assessing the value of the Property, and securing and/or repairing the <br />Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a <br />lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying <br />reasonable attorneys' fees to protect its interest in the Fropsrty and/or rights under this Security <br />Instrument, including its secured position in a bankruptcy proceeding. Securing the Property <br />includes, but is not limited to, entering the Property to make repairs, change locks, replace or <br />board up doors and windows, drain water frorn pipes, eliminate building or other code <br />violations or dangerous conditions, and have utilities turned on or off. Although L,Qnder �nay <br />take action under this Section 9, Lender daes not have to do so and is not under any duty ar <br />obligation ta do so. It is agreed that Lender incurs no liability for nat taking any or all actions <br />authorized under this Section 9. <br />Any amaunts disbursed by I.,ender under this Section 9 shall become additional debt of <br />Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate <br />from the date af disbursernent and shall be payable, with such interest, upon notice from Lender <br />to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Bonower shall comply with all the <br />provisions of the lease. If Borrower acquires fee title to the Property, the leasehald and the fee <br />title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Martgage Insurance as a condition of <br />making the Loan, Borrower shall pay the premiums required ta maintain the Mortgage Insurance <br />in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be <br />available frarn the mortgage insurer that previously provided such insurance and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to abtain coverage substantially equivalent to the <br />Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to <br />Bnrrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer <br />selected by Lender. If substantially equivalent Martgage Insurance coverage is not available, <br />Borrower shall continue to pay to Lender the amount of the separately designated payrnents that <br />were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain <br />these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss <br />reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, <br />and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. <br />Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the <br />N�' $�.�►SI{,�, -- Single Family -- Fannle Mae/F�addie Mac l7NIFORM INSTRUMENT Form 3028 11 �, � <br />GCC- G3028-09 (09/Ol) (Page 9 of 19) Iaitials: <br />