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200212166 LOAN 11, 22090147 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to <br />performthe covenants and agreements contained inthis Security Instrument, (b) there is a legal proceeding thatmight significantly <br />affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, <br />for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws <br />or regulations), or (c) Borrower has abandoned the Property, thenLender may do and pay for whatever is reasonable or appropriate <br />to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing the value <br />ofthe Property, and securing and/or repairingthe Property. Lender's actions can include, butare not limitedto:(a) paying any sums <br />secured by alien which has priority over this Security Instrument (b) appearing in court; and (c) paying reasonable attorneys' fees <br />to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy <br />proceeding. Securing the Property 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, eliminatebuilding or other code violations or dangerous conditions, and have <br />utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under <br />any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this <br />Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security <br />Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, <br />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 Borrower acquires <br />fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. IFLender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the <br />premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by <br />Lender ceasesto be available from the mortgage insurer thatpreviously provided such insurance and Borrower was requiredto make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mortgage Insurance previously in effect at a cos[ substantially equivalent to the cost to <br />Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially <br />equivalent Mortgage Insurance 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 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, notwithstanding <br />the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such <br />loss reserve. Lender can 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, and Lender requires separately <br />designated payments toward the premiums for Mortgage Insurance. lfLender required Mortgage Insurance as a condition ofmaking <br />the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for <br />such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay <br />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 Borrower does <br />not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage Insurers evaluate their total ri sk on all such insurance in force from time to time, and may enter into agreements with <br />other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to <br />the mortgage insurer and the other 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 funds obtained from Mortgage <br />Insurance premiums). <br />As a result of these agreements, Lender, any purchaser ofthe note, another insurer, any reinsurer, any other entity, or affiliate <br />of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of <br />Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. <br />If such agreement provided that an affiliate of Lender takes a share ofthe insurer's risk in exchange for a share ofthe premiums paid <br />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 Mortgage Insurance, or any <br />otherterms ofthe Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they <br />will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has -if any -with respect to the Mortgage Insurance under <br />the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, <br />to request and obtain cancellation ofthe Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/ <br />ortoreceive a refund ofany Mortgage Insurance premiumsthatwereunearoed atthe time of suchcancellation ortermination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid <br />to Lender. <br />IftheProperty is damaged, such Miscellaneous Proceeds shallbe applied to restoration orrepairofthe Property, ifthe restoration <br />or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have <br />the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has <br />been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br />and restoration in a single disbursement or in a series ofprogress payments as the work is completed. Unless an agreement is made <br />in writing or Applicable Law requires interest to bepaid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower <br />any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's securi ty <br />would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then <br />due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event ofa total taking, destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount ofthe sums secured by this <br />Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree <br />in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied <br />bythe following faction: (a)the total amount ofthe sums secured immediatelybefore the partial taking, destruction orlossin y. e <br />NEBRASKA —Smgle Family-- Fannie Ma Treddle Mec UNIFORM INSTRUMENT Initialer <br />Form 30281101 Page 5 of 8 NEEDEED <br />