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201000658
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1/29/2010 4:37:37 PM
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201000658
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2oiooos5s <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Harrower fails to perform the covenants and agreements contained in this Security instrument, (b) there is <br />a legal proceeding that might significantly affect Lender's interest is the Property and/or rights under this <br />Security Instrument (such as a pxoceeding in bankruptcy, probate, fox 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) $orrower has abandoned the Property, then Lender may do and pay far 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: (a) paying any sums secured by a lien which <br />has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to <br />protect its interest in the Property and/or rights under this Security Instrument, including its secured position <br />in a bankruptcy proceeding. Securing the Property includes, but is not limited ta, entering the Property to <br />make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate <br />building or other code violations or dangerous conditions, and have utilities turned on or off. Although <br />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 <br />under this Section 9. <br />Any 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 Borrower requesting <br />payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. <br />If Borrower acquires fee title to the Pxoperty, the leasehold and the fee title shall not merge unless Lender <br />agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, <br />the 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 />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to <br />the cast to Harrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer <br />selected by Lender. If substantially equivalent Mortgage Insurauce coverage is not available; Borrower shall <br />continue to pay to Lender the amount of the separately designated payments that were due when the insurance <br />coverage ceased.to be aiu effect. Lender will accept, use and retain these payments as anon-refundable loss <br />reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that <br />the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings <br />on such loss reserve. Lender can no longex requixe loss reserve payments if Mortgage Insurance coverage (in <br />the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes <br />available, is 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 Borrowex was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiums xequired to maintain Mortgage Insurance in effect, or to provide anon-refundable loss <br />reserve, until Lender's requirement for Mortgage. Insurance ends in accordance with any written agreement <br />between Horrower and Lendex providing fvr such termination or until termination is required by Applicable <br />Law. Nothing in this Section 10 affects 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 <br />incur if 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 farce from time to time, and may <br />entex into agreements with other paxties that share or modify their risk, or reduce losses. These agreements are <br />on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these <br />agreements. These agreements may require the mortgage insurex to make payments using any source of funds <br />that the mortgage insurer may have available (which away include funds obtained from Mortgage Insurance <br />premiums). <br />NEBRASKA -Single Family - Fannla Mae/Freddie Mac UNIFORM INSTRUMENT 1111 MERS <br />-6A(NE) (0810) Pege 8 of 15 Initlals: ~ FOrtr130~ 1/01 <br />
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