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201i00375 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrawer fails to perform the covenants and agreements cantained in this Security Instrument, (b) there <br />is• a legal praceeding that might significantly affect L.ender's interest in the Property and/or righCS under <br />this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcernent of a lien which rnay attain priority over this Security Instrument or to enforce laws or <br />regulatians), or (c) Borrower has abandoned the Property, then Lender rnay do and pay for whatever is <br />reasonable or appropriate to protect I.ender's interest in the Praperty 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 Instrurnent; (b) appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its interest in the Property and/or rights under this Security Instrurnent, including <br />its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, <br />entering the Property to make repairs, change locks, replace or board up doors and windows, drain water <br />from pipes, eliminate building or other code violations or dangeraus conditions, and have utilities turned <br />on or off. Although Lender may take action under this Section 9, L.ender does nat have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any ar all <br />actions autharized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These amaunts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from T...ender to Barrower requesting <br />payment. <br />If this Security Tnstrument is on a leasehold, Borrower shall camply with all the provisions of the <br />lease. Tf Borrower acquires fee title to the Property, the leasehald and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If L,Qnder required Mortgage Insurance as a candition 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 Lender ceases to be available frorn the mortgage insurer that <br />previously pravided such insurance and Borrower was required to make separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mortgage 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 Lender. If substantially equivalent Mortgage Insurance caverage is nat <br />available, Borrower shall continue ta pay to Lender the arnount 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 loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultirnately paid in full, and Lender sha11 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 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 premiurns for Mortgage Insurance. IF L,ender required Martgage <br />Insurance as a condition af making the Loan and Borrower was required to make separately designated <br />payrnents toward the prerniums for Mortgage Insurance, Borrawer shall pay the premiums required to <br />rnaintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until L.ender's <br />requireraent for Mortgage Insurance ends in accardance with any written agreement between Borrower and <br />Lender providing for such termination or until tez�mination 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 Loan as agreed. $orrower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluatc their tatal risk on all such insurance in force frorn tirne to time, and rnay <br />enter into agreements with other parties that share or rnodify their risk, or reduce losses. These agreernents <br />are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) ta <br />these agreements. These agreements may require the mortgage insurer to make payments using any source <br />af funds that the mortgage insurer may have available (which rnay include funds obtained from Mortgage <br />Insurance premiums). <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B�NE) �osii� Page8of 75 i��t�ais: �L Form 3028 9/09 <br />� ��v� <br />