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<br />200902350 <br /> <br />9. Protection of Lender's Interest in the Property and Rights Under this Sel:Urity <br />Instrument. If (a) norrowcr fails to perfonn the covenants and agreements contained in this Security <br />Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Propcrty <br />and/or rights under this Security Instrument (such as a proceeding in bankmptcy, probate, for <br />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 <br />may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and <br />rights under this Security Instrument, including protecting and/or assessing thc value of the Property, and <br />securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying <br />any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and <br />(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 bankmptcy proceeding. Securing the Property <br />includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up <br />doors and windows, drain water from pipes, eliminate building or other code violations or dangerous <br />conditions, !IIld have utilities turned on or oll. Although Lender may take action under this Section 9, <br />Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender <br />incurs no liability for not taking any or ail actions authorized under this Section 9. <br />Any amounts disbursed by Lender wlder this Section 9 shall bccomc additional debt of <br />Borrower 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 iliis Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making <br />the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for <br />any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the <br />mortgage insurer that previously provided such insurance and Borrower was required to make separately <br />designated payments toward the premiums for Mortgage Insurancc, Borrower shall pay the prcmiums <br />required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a <br />cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in et1"ect, trom <br />an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance <br />coverage is not available, Borrower shall continue to pay to Lender the amount of the separately <br />designated payments iliat were due when ilie insurance coverage ceased to be in effect. Lender will <br />accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. <br />Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, <br />and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender <br />can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the <br />period that Lender requires) provided by an insurer selected by Lender again becomes available, is <br />obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was <br />required to make separately designated payments toward ilie premiums for Mortgage Insurance, Borrower <br />shall 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 Insurancc ends in accordance with any written <br />agreement between Borrowcr and Lender providing for such tennination 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 /> <br />NEBRASKA - Singte Famity - Fannie MaclFrcddic Mac UNIFORM INSTRUMENT WITH MERS <br />6A(NE) (0407).0 I Page 8 of 16 <br /> <br />Initials: <br /> <br />Forl,1l 3028 1/01 <br /> <br />.v, . <br />