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20110U281 <br />9. Protection of I,ender's lnterest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreeznents contained in this Security Instrument, (b) there <br />is a legal proceeding that might significantly affect L.ender'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) Barrower 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 />Instrurnent, 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 surns secured by a lien <br />which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the Froperty and/or rights under this Security Instrument, including <br />its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, <br />entering the Property to rnake repairs, change locks, replace or board up doors and windows, drain water <br />from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned <br />on ar off. Although Lender may take action under this S�ction 9, L.ender does not have to do so and is nat <br />under any duty or obligation to do so. It is agreed that L.ender incurs no liability for not taking any or all <br />actions authorized under this Section 9. <br />Any amounts disbursed by L.ender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate frona the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lease. If Barrower 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 Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrawer shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, <br />the Mortgage Insurance coverage required by L,Qnder 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 prenniums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Moctgage 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 L.ender. If substantially equivalent Mortgage Tnsurance coverage is not <br />available, Borrower shall continue to pay to Lender 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 />payments as a non-refundable lass reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstaz�ding 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 resezve. Lender can no langer 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 I.ender again becomes available, is obtained, and Lender requires <br />separately designated payrnents toward the premiums for Mortgage Insurance. If L,end�r required Mortgage <br />Insurance as a cvndition of making the Laan and Borrower was required to make separately designated <br />payments toward the premiums for Mo�tgage Insurance, Borrower shall pay the premiurns required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement far Mortgage Insurance ends in accordance with any written agreernent 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 reirnburses Lender (or any entity that purchases the Note) for certain lasses it <br />may incur if Borrower does npt 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 time to time, and may <br />enter into agreernents with other parties that share or znodify their risk, or reduce losses. These agreements <br />are an terms and conditians that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. These agree�nents 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 Mortgage <br />Insurance premiums). <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFpRM INS7RUMEN7 (�, <br />�-B(NE) loat t 1 Page 8 of 15 Initials: v Form 3028 1/01 <br />