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200905341 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the arvexxants and agreements corxtained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrumment (such as a proceeding in bankruptcy, probate, for condemuation or forfeiture, for enforcement of a lien which may attain priority over tlxis Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasorxable or appropriate to protect Lender's interest in the Property and rights under axis Security Instrument, including protecting and/or assessing tlxe value of the Property, and securing and/or repairing dxe Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property atxd/or rights under tlxis Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to nxake repairs, change locks, replace or board up doors and windows, drain water from pipes, elixxxinate building or otlxer code violations or dangerous conditicxn5, and have utilities turned on or off. Although Lender may take action under axis Section 9, Lender does not have to do so and is not under any duty or obligations to do so. It is agreed that Letxder incurs no liability for not taking any or all actions authorized under this Section 9. Any anxounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. . It this Security Instrument is onx a leasehold, Borrower slxall comply with all the provisions of tlxe lease. Tf Borrower acquires tee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to tlxe merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insuranxce coverage reyuired by Lender ceases to be available from the mortgage insurer that previously provided such insurance arxd Borrower was required to make separately designated payments toward dxe premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially eyuivalent to tlxe Mortgage Insurance previously in effect, at a cost substantially eyuivalent to the cost to Borrower of tlxe Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially eyuivalent Mortgage Inxsurance coverage is not available, Borrower shall cotxtinue to pay to Lender tlxe amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwidxstandint; 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 loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for dxe period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward ttxe premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loatx atxd Borrower was required to make separately designated payments toward dxe premiums for Mortgage Trxsurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until ternxitxation is reyuired by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at tlxe rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity drat purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk onx all such itsurance in force from time to time, and may enter into agreements with other parties tlxat share or modify their risk, or reduce losses. These agreements are on ternts and conditions that are satisfactory to the mortgage insurer and tlxe other party (or parties) to these agreements. These agreements may require tlxe mortgage insurer to make payments using any source of furxds tlxat the mortgage insurer may Ixave available (which may include funds obtained from Mortgage Inxsurance prenniunns). NE6RASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ ~-~F -61NEIloeff) Page8af15 ir,rt~ais: Form 3028 7/07