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201oo�43i <br />9. Protection of Lender's Tnterest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails ta perform the covenants and agreements cantained in this Security Instzument, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/oar rights under <br />this Security Instrument (such as a proceeding in bankruptcy, probate, for candemnation or forfeiture, for <br />enforcement of a lisn which may attain priority over this Security Tnstrument or to enforce laws or <br />regulations), or (c) Boxrower 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 Froperty, and securing and/or repairing <br />the Property. Lender's actions can include, but axe not linnited to: (a) paying any sums secured by a lien <br />which has priority over this Security Instrurnent; (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 Froperty 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 a11 <br />actions authorized under this Sectian 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 />disbursernent 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 rnerger in writing. <br />10. Mortgage Insarance. 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 nnake 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 cast substantially <br />equivalent to the aost to Borarower of the Mortgage Insurance previously in effect, fram an alternate <br />martgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not <br />available, Borrpwer shall continue to pay ta Lender the ampunt of the separately designated payments that <br />were due when the insurance coverage ceased to be in effect. I.ender will accept, use and retain these <br />payments as a non-refundable loss resexve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwiChstanding the fact that the Loan is ultimately paid in full, and I�ender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss <br />reserve payrnents if Mortgage Insurance covexage (in the amount and for the period that I,ender requires) <br />provided by an insurer selected by Lender again becomes available, is abtained, and Lender requires <br />separately designated payments tpward the premiums for Martgage Insurance. If Lender required Martgage <br />Insurance as a condition of making the Loan and Borrower was required to make separately designated <br />payrnents toward the premiurns for Mortgage Insurance, Barrower 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 agreemenC between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nathing in this <br />Section 1Q 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 daes 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 shaxe or modify their risk, or reduce losses. 'I"hese agreements <br />are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreernents. These agreernents rnay require the mortgage insurer to make payments using any source <br />of funds that the rnortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums). <br />NEBRASKA - Singls Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS <br />�-BA�NE) �oe�o) Page 8 of 15 iniciais: �� Form 3028 9/09 <br />� <br />II I I II IIIII I I II I�IIIII I I II � illl III I II I I II I�III III <br />