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<br />200902535 <br /> <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Bonower fails to perform the covenants and agreements contained in this Security Instrument, (b) there <br />is a legal proceeding that might significantly affect Lender's intcrest in the Property and/or rights under <br />this Security Instrument (such as a proceeding in bankruptcy, probate, f~)r condemnation or forfeiture. for <br />enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or <br />regulations). or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is <br />reasonable or appropriate to protect Lender's interest in the Property and rights under this Security <br />Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing <br />the Property. Lender's actions can include, but are not limited to: (it) paying any sums secured by a lien <br />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 <br />it>, secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, <br />entering the Property to make repairs. change locks, replace or board up doors and windows, drain water <br />from pipes, eliminate building or other code violations or dangerous conditions. and have utilities tumed <br />on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lender incurs no liz ,ility for not taking any or all <br />actions authorized under this Section 9. <br />,A.ny amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Bonower requesting <br />payment. <br />If this 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 tnc 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 the Loml, <br />Borrower shall pay the premiums required to maintain the Mortgage ll1surance in effect. If, for any reason, <br />thc Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments <br />towaru 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 cost substantially <br />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 Mortgagc Insurance coverage is not <br />available, Borrower shall continue to pay to Lender the amount of the separately designated payments that <br />were due when the insurance coverage ceased to be in effect. Lender will accept, use mld retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shaIJ be <br />non-refundable, notwithstanding the fact that the Loml is ultimately paid in fitll, and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reservc. Lender can no longer require loss <br />reserve payments if Mortgage InsurmIee coverage (in the amount mId for the period that Lender requires) <br />provided by ml insurer selected by Lender again becomes available, is obtained, mId Lender requires <br />separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage <br />Insurmlce as a condition of making the Loml and Borrower was required to make separately designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement for Mortgage Insunmce 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 <br />Section 10 affects Borrower's obligation to pay interest at the rate proVIded in the Note. <br />Mortgage Insurance reimburses Lender (or mIY entity that purchases the Note) for certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Borrowe~ is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluate their total risk on aIJ such insurmlce in force from time to time, and may <br />enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements <br />are on terms mId conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. These agreements may require the mortgage insurer to make payments using mly source <br />of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums). <br /> <br />8800602974 8800602974 <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT WIT~$i?11. <br />.-6A(NE) (0810) Page8 of 15 'niti"S~m Form 3028 1101 <br /><!J <br />