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<br />200707388 <br /> <br />connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's <br />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 (a) Borrower <br />fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might <br />significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in <br />bankruptcy, probate, for 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 may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; <br />(b) appearing in court; and (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 includes, but is not <br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, <br />eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may <br />take action 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 Security <br />Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payab!e, with such <br />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 Borrower <br />acquires 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. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay <br />the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required <br />by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to <br />make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the <br />cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If <br />substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the <br />separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and <br />retain these 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 interest or <br />earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount <br />and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and <br />Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage <br />Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the <br />premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to <br />provide a non-refundable 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 by Applicable Law. <br />Nothing in this Section 10 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 incar if Borrower <br />does not repay the Loan as agreed. Bcrrower 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 agreements <br />with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are <br />satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the <br />mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may <br />include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any <br />affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a <br />portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or <br />reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share <br />of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements wiII not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or <br />any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, <br />and they will not entitle Borrower to any refund. <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />Form 3028 1/01 <br /> <br />ITEM 1915L6 (0308) <br /> <br />(Page 6 of 11 pages) <br /> <br />GreatDocs no <br />To Order Call: 1.800.968.5775 <br />07 -07 -05-012547 <br />