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201048G2� <br />9. Protection of Lender's Interest in the Praperty and Rights Under this Security �nstrument. Tf <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instruznent, (b) there <br />is a legal pxoceeding 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 1'roperty, 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; amd (c) paying reasonable <br />attorneys' fees to protect its interest in the Property and/ar rights under this Security Instrument, including <br />its secured pasition in a bankruptcy proceeding. Securing the Property includes, but is not limited to, <br />entering the �'roperty to make repairs, change locks, replace or board up doors and windows, drain water <br />from pipes, eliminate building or oth�r code violations or dangerous conditions, and have utilities turned <br />on or aff. 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 I.ender 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 Borrower <br />secured by this 5ecurity Instrurnent. These amounts sha11 bear interest at the Note rate fram the date of <br />disbursement and sha11 be payable, with such interest, upon notice from Lender to Borrower requesting <br />payrnent. <br />If this Security Instnunent is on a leasehold, Barrawer shall comply with all the provisions of the <br />lcase. If Bqrrower 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 Insuurance. If Lender required Mortgage Insurance as a condition of rnaking the I.,oan, <br />Barrower 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 �nortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments <br />toward the prerniums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />caverage 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 />a��ra�re Barrower shall continue to pay to L.ender 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 />payrnents as a non-refun.dable loss reserve in lieu of Mortgage Insurance. Such loss reserve sha11 be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be <br />required to pay Barrawer any interest or earnings on such lass 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 I.ender required Mortgage <br />Insurance as a conditian of rnaking the Loan and Borrawer was required to make sepazately designated <br />payments toward the premiums far Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or ta provide a non-refundable loss reserve, until Lender's <br />require�nent for Martgage 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 Len.der (or any entity that purchases the Note) for certain losses it <br />may incur if Barrawer does not repay the Loan as agreed. Borrower is not a party ta the Mortgage <br />Insurance. <br />Mortgage ins�ers evaluate their total risk on a11 such insurance in force from Cime to time, and rnay <br />enter into agreements with oth�r parties that share or modify their risk, or reduce losses. These agreements <br />aze an terms and conditions that are satisfactary to the mortgage insurer and the other party (or parties) co <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 Martgage <br />Insurance premiums). <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B�NE) loet�l Page 8 of 15 �n�t�a�s: Form 3028 1l01 <br />r ; '. � ,.a �� .. . <br />• .y4` <br />