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a � �� t1 � � � <br />. r <br />2Q110085�2 <br />Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br />Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, ar commit waste on <br />the Property. Borrower shall be in default if any 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 or oiherwise materially impair tl�e <br />lien created by this Security Instrument or Lender's security interest. Borrower may cure 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 ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in <br />the Property -or other material impairment of the lien created by tlus 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 statements to Lender (ar failed to provide Lender witli any material information) in <br />connection with the loan evidenced by the Note. If this Securiry Instrument is on a leasehold, Borrower shall <br />comply with all the provisions of the lease. If Borrower acquires fee _title fo 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 the covenants and agreements <br />contained in this Security Instrument, or there is a legal proceeding that may signif cantly affect Lend�r's rights in <br />the Property (suck 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 tlie Property and <br />Lender's rights in the Proparty. Lender's actions rnay include paying any sums s�cured 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, Lender does not have to do so. <br />Any amounts disbursed by Lender under this section shall become additional debt of f3orrower secured by this <br />Security Instrument. Unless Borrower and Lender 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 �vith interest, upbn notice from Lender <br />to Borrower requesting payment. <br />Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this <br />Seeurity Instrument, 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 to the cost to Borrower of the mortgage insurance previousiy in effect, <br />from an alternate mortgaga insurer approved by Lender. If substantially equivalent mortgage insurance coverag� is <br />not available, Borrower shalI 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. Lender <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 tl�e option of Lender, if mortgage insurance coverage (in the amount and £or the <br />period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. <br />Borrower shall pay the premiums required to maintain rriortgage 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 Law. <br />lnspection. 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 priar to an inspection specifying reasonable cause for the inspection. <br />Conde�miation. The proceeds of any award or claim for damages, direcf or consequential, in comiection with any <br />condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />In Yhe event of a total taking of tl�e Property, the proceeds shall be applied to tlie sums secured by this Security <br />Instrulnent, whether or not then due, with any ex'cess paid tio Borrower. In the event of a partial taking of the <br />Property in whieh tfie 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 otherwise agree in writing, the sums secured by this Security Instrument shall be t�educed by the amount of <br />the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediate�y before the <br />taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance sha1T be <br />paid to Borrower. In the event of 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 irrunediately before the taking, unless <br />Borrower and Lender oflierwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to ttie sums secured by this Security Instrument whether or not tfie sums are then due. <br />lf 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 fflr damages, Barrower fails to respond to L,ender within the minimum number of <br />days established by Applicable Law af�er the date the notice is giveii, Lender is autl�orized_to collect and apply the <br />proceeds, at its aption, either to restaration or repair of the Property or to _ the sums secnred by this Se�urity <br />Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing; any application'of proceeds to principal shall not exYend <br />or �postpone the due date of�the payments Payment of Priitcipal and Interest;� Late �Gharges and Funds for. <br />Taxes and Insurance or change the amount of such payments. <br />Borrower Not Released; Forbearance By Le�ider Not a Waiver. �xtension of the time � for �ayment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower s11a11 not operate to release the liability of the original Borrower or Borrower's successors in <br />�C) 2004-2010 Compliance Systems, Inc. EEOB-6 t F9 - 2010.03373 . <br />Consumer Real Estate - Security Instrument DL2036 � � � Page 3 of 6 <br />� ww�v.compliancesystemaeom <br />