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201100313
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1/18/2011 1:34:36 PM
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1/18/2011 1:34:35 PM
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DEEDS
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201100313
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201140�13 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrament. 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 Lender's interest in the Property and/or rights under <br />this Security Instrument (such as a proceeding in bankruptcy, probate, far condemnation or forfeiture, for <br />enforcement af a lien which may attain priarity 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 />lnstrument, 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 lirnited to: (a) paying any sums 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 Property ara.d/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 Praperty to make repairs, change locks, replace or board up doors and windows, drain water <br />from pipes, eliminate building or other code violatians or dangerous conditions, and have utilities tumed <br />on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not <br />under any duty or obligation to do so. It is agreed that L.ender incurs no liability for not taking any or a11 <br />actions authorized under this Sectian 9. <br />Any atnounts disbursed by L.ender under this Section 9 shall becorne additional debt of Borrower <br />secured by this Security Instrument. 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 I.ender 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 Borrower acquires fee title 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 L.ender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, <br />the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously pravided such insurance and Borrower was required to rnake separately designated payments <br />toward the premiurns for Mortgage Insurance, Borrower shall pay the prerniurns required to obtain <br />caverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially <br />equivalent to the cost ta Borrower of the Mortgage Insurance previously in �ffect, from an alternate <br />mortgage insurer selected by I.ender. If substantially equivalent Mortgage Insurance coverage is nat <br />available, Bonower shall continue to pay to Lender the amount of the separately designated payments that <br />were due when the insurance caverage ceased to be in effect. Lender will accept, use and retain these <br />payrnents as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve sha11 be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be <br />required to pay Borrawer any interest or earnings on such loss reserve. L.ender can no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that L.ender requires) <br />provided by an insurer selected by T_,ender again becomes available, is obtained, and I.ender requires <br />separately designated payments toward the prerniums for Mortgage Insurance. If l.ender required Mortgage <br />Insurance as a condition of making the Loan and Borrower was required to znake separately designated <br />payments toward the premiums for Mortgage Insurance, Borrawer shall pay the premiums required ta <br />maintain 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 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 reimburses Lender (or any entity that purchases the Note) for certain losses it <br />may incur if Borrower does not repay the I.oan 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 agreements with other parties that share or modify their risk, or reduce losses. These agreenr►ents <br />are on terms and conditians that are satisfactory to the rnortgage insurer and the other party (or parties) to <br />these agreements. These agreements may require 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 />� <br />NEBFIASKA - Single Family - Fannie Mae/Freddie Mac UNIFpRM INSTRUMENT � <br />�-61NE) toa>>1 Page 8 of 15 i��c� _ __ Form 3028 1/01 <br />� � <br />
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