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201007344 9. Protection of Lender's Imterest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security InaCntment, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights vender this Security Inst~ntment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Inarivment or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do ate pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Inst7runyent, including Protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Fender's actions can include, but are not linnited to: (a) paying any sums secured by a lien which has priority over this Security Instrvrnent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instul~en ,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering rho Property to make repairs, change locks, replace or board up doors and windows, drain, water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lander incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts 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 Pa~If this Security Instrument is on a leasehold, Borrower shall comely with all the provisions of the lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required m maintain the Mortgage Ise in effect. If, far any reason, the Mortgage Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated Payments towarrd the premiums for Mortgage Insurance, Borrower shall pay the premiums r~uired m obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in et~ect, from an alternate mortgage insurer selected by I.endea. If substantially cquivaluaut Mortgage Insurance coverage is not available, Borrower shall continue to pay W Lender the amour of the separately designated Payments that were due when the insurance coverage ceased to be in effect. Lender will acct, use and retain these paynents as a ran refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and L,epder shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender eau nfl longer require loss reserve paymerns if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becoa~s available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condii~on of uonaking the Loan and Harrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or tao provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurraance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affeuus Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses L,ender (or any entity that purchases the Note) for certain losses ik may incur if Borrower does rat repay the Loan as agreed. Borrower is rtot a party to the Mortgage Insurance. Mortgage insurers evaluate their' total risk on all such insurance in force from time to time, and may enter into ~ with other parties that share or modify their risk, or reduce losses. These agreements are an terms and conditions that are dory to the mortgage insurer and the other Party (or parties) to these agreu~nts. These agreemcets may require the mortgage insurer to make Payments using arty source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). NF~RASKA -Single Family - Fannie Mae/Frad~a Mac UNIFQRpA INSTRUMFJYI' -a1NEl 1oa1 ~~ ~. s m ~a inrdts:~ Form 3A28 1/01