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201204254 <br />connection with the Loan. Material representallons include, but are not limited to, <br />representations concern�►g Borrower's occupancy of the Property as Borrower's principal <br />residence. <br />9. Protection of Lander's Interest in the Property and Rights Undar this Security <br />Instrument. If (a) Bonower fails to perform the covenants and agreements contained in this <br />Security Instrument, (b) Were is a legal proceeding that might significandy affect Lender's <br />interest 9n the Property and/or rigbts under this Secnrity Instrument (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain <br />priority over this Security Instrument or to enforce laws or regula8ons), or (c) Bonower has <br />abandoned We Property, then Lender may do and pay for whatever is reasonable or appropriate <br />to protect Lender's interest in the Property and rights under this Security Instivment, including <br />protecting and/or assessing the value of the Property, and securing and/or repairing the <br />Property. Lender's acflons can include, but are not limited to: (a) paying any sums secured by a <br />lien which has priority over this Security Inshvment; (b) appearing in court; and (c) paying <br />reasonable attorneys' fees to protect its interest in the Property and/or rlghts 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 from pipes, eliminate building or other code <br />violations or dangerous condiflons, and have utilifles turned on or off. Although Lender may <br />take acHon under this Section 9, Lender does not have to do so and is not under any duty or <br />obligation to do so. It is agreed that Lender incurs no liability for not taking any or all ac8ons <br />authorized under Wis Section 9. <br />Any amounts disbursed by Lender under this Secflon 9 shall become addiflonal debt of <br />Borrower secured by this Security Instrument. These amounts shall bear 9nterest at the Note rate <br />from the date of disbursement and shall be payable, wiW such interest, upon notice from Lender <br />to Borrower requesting payment. <br />If this Securlty Instrument is on a leasehold, Borrower shall comply with all the <br />provisions of the lease. If Borrower acquires fee 8de to the Property, the leasehold and the fee <br />title shall not merge unless Lender agrees to the merger in wrlting. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condiflon of <br />making the Loan, Bonower shall pay the premiwns required to maintain the Mortgage Insurance <br />in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be <br />available from 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 obtain coverage substantially equivalent to the <br />Mortgage Insnrance previously in effect, at a cost substantially equivalent to the cost to <br />Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer <br />selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, <br />Borrower shall cont9nue to pay to Lender the amount of the separately designated payments that <br />were due when We insurance coverage ceased to be in effect. Lender wlll 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 Bonower any interest or eamings on snch loss reserve. <br />Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the <br />NEBRASI{A — Sivgte Famlly — Femia MadFraddie Mao UHIFORbi IN3f1tUbffidT Form 3028 LOl � <br />GCG G3028-09 (09/Ol) (Page 9 of 19) Initials: ��`� <br />