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201�09E53 <br />9. 1'rotection of Lender's Interest in the Froperty and Rights Under this Security Instrument. if <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrurnent, (b) there <br />is a legal proceeding 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 t.h.is Security Instrument or to enforce laws or <br />regulations), or (c) Borrower has abandoned the Property, then Lendex may do and pay far whatever is <br />reasonable or appropriate to protect L.ender'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, but are not limited to: (a) paying any sums secured by a lien <br />which has priority over this Security Tnstrument; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the Property and/or rights under this Security InstrumenC, including <br />its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, <br />entering the ProperCy 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 conditians, and have utilities turned <br />on ar off. Although Lender rnay take action under this Section 9, Lender does not have to do sa 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 all <br />actions authorized under this Section 9, <br />Any arnounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These arnounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from L.ender to Borrower requesting <br />payment. . <br />If this Security Instrument is on a leasehold, Borrower shall camply with all the provisions of the <br />lease. If Borrower acquires fee Citle to the Property, the leasehold and the fee title shall not merge unless <br />Lender agrees to the rnerger in writing. <br />10. Mortgage Insurance. If Lender requixed Mortgage Tnsurance as a condition of making the Loan, <br />Borrower shall pay the premiurns required to maintain the Mortgage Insurance in effect. If, for any reason, <br />the Mortgage Insurance coverage required by I.Jender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required ta make separately designated payments <br />toward the premiurns for Morrgage 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 ta the cost to Barrower 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 />available, Borrower shall continue to pay Co I,ender the amount of th� separately designated payments that <br />were due when the insurance coverage ceased to be in effect. L.ender will accept, use and retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the L.oan is ultimatsly paid in full, and Lender shall not be <br />required to pay Borrawer any interest or earnings on such loss reserve. Lender can no longer requir� 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 towazd the premiums for Mortgage Insurance. If Lender required Mo�tgage <br />Insurance as a condition of making tl�e Loan and Barrower was required to make separately designated <br />payrnents toward the premiums for Mortgage Insurance, Borrower sha11 pay the premiums required to <br />maintain Martgage 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 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 Nate. <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 tirne to time, and may <br />enter intn agreements with other parties that share or rnodify their risk, or reduce lasses. 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 agreements may require the mortgage insurer to make payments using any source <br />of funds that the rnortgage insurer may have available (which znay include funds obtained frorn Mortgage <br />Insurance premiums). <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�•8(NE) (0811) Page 8 of 15 i��s�aig: orm 3028 1/01 <br />