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201001006
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2/12/2010 4:34:49 PM
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201001006
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<br /> <br /> <br /> 201001006 <br /> <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 that might significantly affect Lender's interest in the Property and/or rights under <br /> this Security Instrument (such as a proceeding in bankruptcy, probate, for 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: (a) 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 /> its 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 turned <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 liability for not taking any or all <br /> actions authorized under this Section 9. <br /> Any amounts disbursed by Lender under this Section 9 shall become additional debt of IDrrower <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 <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 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 <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 selected by Lender. If substantially equivalent Mortgage 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 and retain these <br /> payments as a non-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 Borrower any interest or earnings on such loss reserve. Lender can no longer require loss <br /> reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br /> provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires <br /> separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage <br /> Insurance as a condition of making the Loan 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 Insurance 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 any entity that purchases the Note) for certain losses it <br /> may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br /> Insurance. <br /> Mortgage insurers evaluate their total risk on all such insurance 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 terns and 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 any source <br /> of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br /> Insurance premiums). <br /> 230695 <br /> NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> (0-6 (NE) p8i1) Pages of I$ Initials: Form 3028 1101 <br />
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