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z4ioo�574 <br />9. Protection of Lender's Tnterest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreemen�ts contained in this Security Instrument, (b) there <br />is a legal proceeding that might signi�icantly affect Lender's interest in the Property and/or rights under <br />this Seeurity Instnunent (such as a proceeding in bankxuptcy, prabate, for condemnation or forfeiture, for <br />enforcement of a lien which rnay attain priority over this Security Instniment or to enforce laws or <br />regulations), ar (c) Borrower has abandoned the Property, then Lendear may do and pay for whatever is <br />reasonable or appropriate to prot�ct 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, buc are not limited to: (a) paying any sums secured by a lien <br />which has priority over this Security Instrument; (b) appearing in cpurt; and (c) paying reasonable <br />attorneys' fe�es ta protect its interest in the Property and/or rights under tt�is Security Instrument, including <br />its secured position in a bankruptcy proceeding. Securing the Property includes, but is not lirnited 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 I.ender may talce action under this Section 9, Lender does not have to da so and is nat <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 became additianal debt of Sorrower <br />secured by this Security Instnunent. These amounts shall bear interest at the Note rate frorn the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Barrower requesting <br />payment. . <br />If this Secwrity Instrument is on a leasehold, Borrower shall cornply with all the provisions of the <br />lease. If Borrower acquires fee title ta the Property, the leasehold and the fee title sha�l not merge unless <br />Lender agrees to the mergear in writing. <br />10. Mortgage Insnrance. If Lender required Mortgage Insurance as a condition af rnaking the Loan, <br />Borrower shall pay the premiums required ta rnaintain the Mortgage Insurance in effect. If, for any reason, <br />the Mortgage Tnsurance coverage required by Lender ceases to be available from the rnortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments <br />towazd the premiwns for Mortgage Insurance, Barrower shall pay the premiums requireri 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, frorn an alternate <br />mortgage insurer selected by Lender. If substantially equivalent Mortgage lnsurance coverage is not <br />available, Borrower shall continue ta pay to I.ender the amaunt of the sepazately 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 shail be <br />non-refundable, notwithstanding the fact that the Loan is ulti�nnately 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 amaunt and for the period ttxat T exider requires) <br />provided by an insurer sel�ted by Lender again becames available, is obtained, and Lender requires <br />separately designated payments towaz�d 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 towazd the prerniums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effe�t, or ta provide a non-refundable loss reserve, until Lender's <br />requirernent for Mortgage Insurance ends in accordance with any written agreernent between Borrower and <br />Lender providing for such ternunation 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 Nate) for certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Borrower is not a party ta 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 ter�t�s and conditions that are satisfactory to the mortgage insurer and the other party (or parties) ta <br />these agreements. These agreernents may require the martgage insurer to make payments using any source <br />of funds that the mortgage insurer ma,y have available (which may include funds obtained from Mortgage <br />Insurance premiurns). <br />NEBRASKA - Single Family - Fannie Mae/Preddia Mac UNIFpRM IN9TRUMENT <br />�-61NE) 1oe111 Psee e of t 5 in�tiais: Form 3028 1/01 <br />'! ; 4 :{�_ . <br />� <br />� <br />