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2 Qloo9�s1 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there <br />is a legal proceeding that might significantly affect L,ender's interest in the Property and/ar rights under <br />this Security Instnunent (such as a proceeding in bankruptcy, probate, for condernnation or forfeiture, for <br />enforcernent o� 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 Property, and securing and/or repairing <br />the PropeRy. L.ender's actions can include, but az'e not limited ta: (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/ar rights undex this Security Instrument, including <br />its secured position in a banlcruptcy proce.eding. Securing the Property includes, but is not limited to, <br />entering che Property to make repairs, chazxge locks, replace or board up doors and windows, drain water <br />frorn 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 axxd is not <br />under any duty or obligation to da so. It is agreed that Lender incurs no liability for not taking any or all <br />actions autharized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additianal debt of Borrower <br />secured by this Securiry Instrument. These amout�ts shall bear interest at the Note rate from the date of <br />disbursernent and sk�all be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />Tf this Security Instrurnent is on a leasehold, Barrower 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 m�erger in writing. <br />1p. Mortgage Insurance. If I.ender required Mortgage Tnsurance as a condition of making the Loan, <br />Borrowec shal� pay tkie premituns rec�uired to rnaintain the Martgage Insurance in effect. If, for any reason, <br />the Mortgage Ins e coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such izisuxance and Bonower was required to m�alce separately designated payments <br />toward the premiums for 1Viartgage Insurance, Borrower shall pay the pretniums re:quired to obtain <br />cov�rage substantially equivalent to the Mortgage Tnsurance previously in effect, at a cast substantially <br />equivalent to the cost to Borrawer of the Mortgage Insuramce previously in effect, frorn an alternate <br />mortgage insurer selected by Lender. If subskantially equivalent Mortgage Insurance coverage is not <br />available, Borrower shatl continue to pay to L,ettder the amaunt of the separately designated payments that <br />were due when the in�surance coverage cease�t to be in effect. Lender will accept, use and retain these <br />payments as a non-refundable loss reserve in liau of Mortgage Insurance. Such loss r�serve shall be <br />non-refundable, notwithstanding the fact that the Loam is ultimately paid in full, and Len.der shall not be <br />required to pay Borrower any interest or eamings on such loss resezve. 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 be�omes available, is obtained, and I.ender requires <br />separately designated payments toward the premiwms 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 taward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />rnaintain 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 agreement between $orrower and <br />I..ender praviding for such ternunation or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borxower's abligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimbursas Lender (or any entity that purchases th� Note) for certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Martgage <br />Tnsurance. <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 ar modify their risk, or reduce losses. These agreements <br />are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. These agreernents may require Che martgage insurer tn rnake paytnents using any source <br />of f�u►ds that the mortgage insurer may have available (which m�ay include funds obtained frorn Mortgage <br />Insurance prerniurns). <br />� <br />NEBRASKA - Single Family - Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT �,r , <br />�-B�N�) �oai i� page 8 of 15 in�t i� Form 3028 1/01 <br />� <br />� � �f �� �.� �� �! <br />� � <br />