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200909726
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12/11/2009 2:29:59 PM
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12/11/2009 2:29:58 PM
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200909726
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2oosuy7~s <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there <br />is a legal proceeding Ihat might signtficarrtiy affect Lender's interest in the Property and/or rights under <br />this Security h7,strtrment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Security Irrsinrment 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 We Property arrd rights under this Security <br />histrlmrent; including protecting and/or assessing fhe value of the Property, and securing and/or repairing <br />the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien <br />which has priority over this Security Instrument; (b) appearing in court; and (c) payhrg reasonable <br />attorneys' fees to protect its interest in the Properly and/or rights under this Security Insirumeni, includir~ <br />its secured position in a bankroptcy proceeding. Securing the Property includes, but is Trot 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 turned <br />on or off. Although Lender may take action urrler this Section 9, Lender does rrot have to do srr and is rxrt <br />under arty duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any ar all <br />actions authorized urxler this Section 9. <br />Arty amounts disbursed by Lender under this Section 9 shall become additional debt of Harrower <br />secured by Wis Security Ir>5lrument. 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 Borrower requesting <br />l~Y~be , <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provision 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 hrsurarrce as a condition of making We Loan, <br />Borrower shall pay the prerniwn required W maintain the Mortgage Ir>srn~rrrce in effect. If, for arty reason, <br />>he Mortgage h~rsrn'arrce coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such inwance and Honrower was required in make separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />coverage substaNially equivalent to We Mortgage Insurance previously in effect, at a cost substantially <br />equivalerrt to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate <br />mortgage insurer selected by Lender. V substantially equivalent Mortgage Irrsrrrance coverage is not <br />available, Borrower shall continue to pay b Lender the amount of the separately designated payments that <br />were due when the insmarrce coverage ceased to be in effect Lender will accept, use and retain these <br />payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be <br />required to pay Horrower any interest or earnings on such loss reserve. Lender can no longer require loss <br />reserve payments if Mortgage Insrrrarrce coverage (in the amount acrd for the period that Lender requires) <br />provided by an tourer selected by Leader again becomes available, is obtained, and Leader requires <br />separately designated payments toward the premiurrr5 for Mortgage Irtsruarrce. I[ Under required Mortgage <br />Insurance as a condition of malting the Loan aril Borrower was required to make separately designated <br />payments toward the premiums for Mortgage h~rswsurce, Honrower shall pay the premiums required to <br />maintain Mortgage hl5rnarxe in effect; or to provide anon-refundable loss reserve, until Lender's <br />requirement for Mortgage L>,srrrarrce ends in accordance with any written agreement between Borrower and <br />Lender providing for such ternrination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the ratC provided in the Note. <br />Mortgage hisr>rance reimburses Lender (or any entity that purrha~ses We Note) for certain losses it <br />may incur if Borrower does rxrt repay the Loan as agreed. Borrower is not a party t0 the Mortgage <br />Insrrrurice. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may <br />eater into agreements with other parties that share or modify their risk, or reduce losses. These agreements <br />are on terms and condition that are satisfactory to the mortgage insurer arrd the other party (or parties) to <br />these agreements. These agreements may require the mortgarge insurer to make payments using any source <br />of funds chat the mortgage insurer may have available (which may include funds obtained From Mortgage <br />hisru~ance premiurm). <br />001120991870 CitiMortgage 3.2.27.]3 V5 <br />NEBRASKA -Single Fatuity -Fannie MaelFn3ddle Mac UNIFORM INSTRUMENT !~(.11H MERS <br />~-BA(NE) iaeio~ Faye e m is i,:eai~1 ~- Form 3D28 1 /D1 <br />
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