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1 <br />2OJ 1 1058 <br />false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material <br />information) in connection with the Loan. Material representations include, but are not limited to, representations <br />concerning Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's interest in the Property and Rights Under this Security instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that night significantly affect Lender's interest in the Property and/or rights under this Security Instrument <br />(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may <br />attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the <br />Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the <br />Property and 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 any sums <br />secured 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 its secured <br />position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to <br />make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or <br />other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action <br />under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that <br />Lender 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 secured by this <br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be <br />payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />if this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If <br />Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the <br />merger in writing. <br />10. Mortgage insurance. If Lender required Mortgage insurance as a condition of making the Loan, Borrower <br />shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage <br />Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage <br />Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage insurance <br />previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage <br />Insurance coverage 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 and retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any <br />interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance <br />coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again <br />becomes available, is obtained, and Lender requires separately designated payments toward the premiums for <br />Mortgage 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, Borrower shall pay <br />the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until <br />Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 <br />affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower docs 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 may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and <br />conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3028 1/01 <br />Page 7 of 13 n,,, ) <br />IDS, Inc. - 30227 Borrower(s) Initials IJ <br />iEMBOD,11dll <br />