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2021013(34
<br />LOAN #: 21297
<br />Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or
<br />repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured
<br />by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
<br />attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
<br />its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
<br />entering the Property to make repairs, change locks, replace or board up doors and windows, drain
<br />water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities
<br />turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so
<br />and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking
<br />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
<br />date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
<br />requesting payment.
<br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
<br />lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate
<br />or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or
<br />amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title
<br />shall not merge unless Lender agrees to the merger in writing.
<br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
<br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
<br />the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer
<br />that previously provided such insurance and Borrower was required to make separately designated
<br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required
<br />to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost
<br />substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an
<br />alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage
<br />is not available, Borrower shall continue to pay to Lender the amount of the separately designated
<br />payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use
<br />and retain 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, and
<br />Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can
<br />no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period
<br />that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained,
<br />and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
<br />Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to
<br />make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall
<br />pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable
<br />loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written
<br />agreement between Borrower and Lender providing for such termination or until termination is required
<br />by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate
<br />provided in the Note.
<br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
<br />incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
<br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and
<br />may enter into agreements with other parties that share or modify their risk, or reduce losses. These
<br />agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other
<br />party (or parties) to these agreements. These agreements may require the mortgage insurer to make
<br />payments using any source of funds that the mortgage insurer may have available (which may include
<br />funds obtained from Mortgage Insurance premiums).
<br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsurer,
<br />any other entity, or affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
<br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance,
<br />in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
<br />provided that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
<br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
<br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
<br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
<br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
<br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to
<br />the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These
<br />rights may include the right to receive certain disclosures, to request and obtain cancellation
<br />of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to
<br />receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
<br />cancellation or termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
<br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
<br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous
<br />Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been
<br />NEBRASKA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />Ellie Mae, Inc. Page 6 of 10
<br />NEUDEED 0415
<br />NEUDEED (CLS)
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