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20100914� 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrament. If (a) Borrower fails to perform the covenants and agreernents contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect T_.ender's interest in the Property axzd/or rights under this Security Instrurnent (such as a praceeding in bankruptcy, probate, for condemnation or forfeiture, far enforcement of a lien which may attain priority over this Security Instnunent ar to enforce laws or regulations), ar (c) Borrower has abandoned the Property, then Lender rnay do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrurnent, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not lirnited to: (a) paying any sums secured by a lien which has priority over this Security Instrum�nt; (b) appearing in court; and (c) paying reasonable attorneys' fees to prot�ct its interest in the Property and/ar rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elirninate 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 Lender incurs no liability for not taking any or a11 actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debC of Barrower secured by this Security Instrurnent. These amounts shall bear interest at the Note rate frorn the date of disbursement and shall be payable, with such interest, upon notice from Lendex to Borrower requesting payment. If ttus Security Instnuanent is on a leasehold, Borrower shall comply with all the provisions af the leasa. If Bonower acquires f� title to the Property, the leasehold and the fee title shall not rnerge unless J ex►der agrees to the merger in writing. 10. Mortgage Insurance. If L,ender reyuired Mortgage Insurance as a condition of rnaking the L.oan, Borrower shail pay the prerniuins required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available frorn the morCgage insurer that previously provide� such insurance and Borrower was required to make separately designated payments towazd the prerniums foar Mortgage Insurance, Borrower shall pay tha premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cosC substantially equivalent to the cost to Borrower of the Martgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If subsCantially equivalent Mortgage Insuxance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payrnents that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-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 Lender shall not be required to pay Barrower any interest or earnings on such loss reserve. I.ender can no longer require loss reserve payments if Mortgage Tnsurance coverage (in the amounC and for the period that I.ender requires) provided by an insurer selected by Lender again becornes available, is obtained, and Lender requires separately designated payrnents toward the premiums for Mortgage Insurance. Tf T.ender required Mortgage Insut'atxce as a condition of making the Loan and Barrower was required to ma.ke separately designated payrnents toward the premiums for Mortgage Insurance, Borrower shall pay the premiumis required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such ternunation or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reirnburses I,ender (or any entity that purchases the Note) for certain losses it nnay incur if Borrower does not repay the Loan as agreed. Bonawer is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force fronn time to time, and may enter into agreements with ather parties that share or modify their risk, or reduce losses. Tfiese agreements are on terms and conditions that axe satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer ta make payments using any source of funds that the moRgage insurer may have available (which rnay include funds obtained frorn Mortgage Insurance premiums). NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT , }' �-B�N�� (0811) Page 8 of 15 Initials: VV -`� � w Form 3028 1/01 � ' � j � ` ! � � R' r ;