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20�1002�� <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 a�reements contained in this Secr.u Instrunaent, (b) there <br />is a legal proceeding that might signi�cantly affect Lender's interest in the Property and/or rights under <br />this Security lnstrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which rnay attain priority over this Security Instruznent ar to enforce laws or <br />re�ulations), or (c) Borrower has abandoned the Property, than Lender may do and pay for whatever is <br />reasonable or apprppriate to protect Lender's interest in the Property and rights under this Security <br />lnstrument, including protectin� andJor assessing the value of the Froperty, and securing andJor repairing <br />the Property. Lender' s actions can include, but are not lirnited to: (a) paying any sums secured by a lien <br />which has priority over this Security Instrument; (b) appearin� in court; and (c) payin� reasonable <br />attorneys' fees to protect its interest in the Property and/or rights under tlai5 Security Instrument, including <br />its secured position in a bankruptcy proceeding. Securing the Froperty includes, but is not limited to, <br />entering the Property to make repairs, change locks, replace ar board up doors and windows, drain water <br />frprn pipes, eliminate building or othar code violations or dangerous conditions, and have utilities turned <br />on or off. Although Lender may take action under this Section 9, Lender daes not have to do so and is not <br />under any duty or obli�atipn to do so. It is a�reed that Lender incurs no liability for not taking any or all <br />actians authori�ed under this Section 9. <br />Any axnounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrurnent. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />p�yment. <br />If this Security InsCrument is on a leasek�old, Borrower 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 co the merger in writin�. <br />10. 1Vlortgage Insurance. If Lender required Mortgage Insurance as a condition af rnaking the Loan, <br />Borrower shall pay the premaums required to maintain the Mortga�e Insurance in effect. If, for any reason, <br />the Martgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments <br />toward the premiurns for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mortgage lnsurance previously in effect, at a cost substantially <br />equivalent tp the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate <br />mortgage insurer selected by Lender. If substantially equivalent Mort�age Insurance coverage is not <br />available, Sorrower shall cantinue to pay to Lender the an�ount of the separately designated payments that <br />were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain thes� <br />payments as a non-refundable loss reserve in lieu of Martgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultimately 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 Mort�age Insurance coverage (in the amaunt 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 NIortga�e Insurance. If Lender required Mort�age <br />Insurance as a condition of making the Loan arxd Borrower was required ta make separately designated <br />payments toward the premiums for Mortgage Insurance, Sorrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement for Mprtgage 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 Borrawer' s obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reirnburses Lender (or any entity that purchases the Note) for certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Sorrower is not a party to the Mortgage <br />Insurance. <br />Martgage insurers evaluate their tota] risk pn all such insurance in farce from time to time, and may <br />enter into agreements with other parties that share or modify their risk, or reduce lasses. These agreements <br />are on terms and conditions that are satisfactory to the mortgage insurer and the other party (ar parties) to <br />these agreements. These agreements may r�quire the mortgage insurer to rnake payments using any source <br />of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums). <br />231037 <br />NEBRA5KA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B�NE) (0811) PageB of 15 initieis. Form 3028 1/01 <br />� <br />