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<br />200709773 <br /> <br />may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this <br />Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the <br />Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over <br />this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property <br />and/or rights under this 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 doors and windows, <br />drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or <br />off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or <br />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 <br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, <br />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 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 <br />shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance <br />coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and <br />Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at <br />a cost suhstantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate <br />mortgage insurer sclected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower <br />shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage <br />ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage <br />Insurance. Such loss 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 no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an <br />insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward <br />the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and <br />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 <br />Lcnder's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender <br />providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects <br />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 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 may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions <br />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available <br />(which may 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, <br />or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be <br />characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the <br />mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the <br />insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive <br />reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for <br />Mortgage Insurance, and they will not entitle Borrower to any refund. <br /> <br />Nebraska Deed ofTrust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />-THE COMPLlANCIi: SOtlRe.,;, IN(:.- Page 7 of 13 <br />www.compliancesource.com <br /> <br />MERS Modified Form 3028 0 I/O I <br />14JOINF. 08/00 <br />!02000, The Compliance Source, Inc. <br />5542918 <br /> <br />-=1/1( <br />