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201805303 <br />condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and <br />rights under this Security Instrument, including protecting and /or assessing the value of the Property, and <br />securing and /or repairing the Property. Lender's actions can include, but are not limited to: (a) paying <br />any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and <br />(c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this <br />Security 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 board up <br />doors and windows, drain water from pipes, eliminate building or other code violations or dangerous <br />conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, <br />Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender <br />incurs no liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the <br />Loan, 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 ceases to be available from the <br />mortgage insurer that previously provided such insurance and Borrower was required to make separately <br />designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums <br />required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a <br />cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from <br />an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance <br />coverage is not available, Borrower shall continue to pay to Lender the amount of the separately <br />designated payments that were due when the insurance coverage ceased to be in effect. Lender will <br />accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. <br />Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in <br />full, 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 amount and <br />for the period that Lender requires) provided by an insurer selected by Lender again becomes available, <br />is obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a <br />non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with <br />any written agreement between Borrower and Lender providing for such termination or until termination <br />is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at <br />the rate provided in the Note. <br />NEBRASKA -- Single Family - -- Construction Loan Security Instrument (page 9 of 17 pages) <br />1291996 <br />Rev. 9/1/2014 <br />