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201100479 <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 agreements cantained in this Security Instrwxient, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under <br />this S�curity Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a liez� which may attain priority aver 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 />Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing <br />the Property. Lender's actions can includ�, but are not limited to: (a) paying any sums secured by a lien <br />which has p�iority over this Security Instruznent; (b) appearing in caurt; and (c) paying reasonable <br />attameys' fees to pmtect its interest in the Property and/or rights under this Security Instrument, including <br />its secured position in a bankn�ptcy 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 ar dangerous canditions, and have utilities turned <br />on or off. Although Lender may take action r.tnder this Section 9, Lendex does not have to do so and is not <br />under any duty or obligation to do so. It is agre�d that Lender incurs no liability for not taking any or all <br />actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of $orrower <br />secured by this Security Instrurnent. These amounts shall bear interest at the Nate rate fmm the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Barrowex' t'equesting <br />payment. <br />If this Secwrity Insttwment is on a leasehold, Borrower shall camply with all the provisions of the <br />lease. If Borrower acquires f� title to the Property, Che leasehold arxd the fe� title shall not merge unless <br />L.ender agrees to the merger in writing. <br />I0. Mortgage I�urance. if Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the prerniums requirad to maintain the Mortgage Insurance in effect. If, for any reason, <br />the Ivlortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previousIy pmvidai such insurance and $orrower was required to make separately designat� payments <br />toward the premiums for Mortgage Insurance, Barrower 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 �orrower of the Mortgage Insurance previously in effect, from an alternate <br />mortgage insurer seIected by Lender. If suhstantially equivalent Mortgage Insurance coverage is nat <br />available, Borrower shall continue to pay to L.ender the amount of the separately designated payrnents 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-refunda.ble Tass reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Y.ender shall not be <br />required to pay Barrower any interest or eamings 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 payments toward the premiwms for Mortgage Insurance. If Lender required Mortgage <br />Insurance as a condition of making the Loan and Borrower was required to malce separately designaCed <br />payments toward the premiums for Martgage Insurance, Borrower 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 Mortgage Insurance ends in accordance with any written agreernent between Borrower and <br />Lender providing for such termination or until ternunation is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provzded 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 L.oan as agreed. Borrower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluata their total risk on all such insurance in force from time to tirne, and may <br />enter into agreements with otk►er parties that share or modify their risk, or reduce losses. These agreements <br />are on terms az�d 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 rnake payments using any source <br />of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance prerniums). <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6�NE) loat t) Page 8 of 15 i��t�ais: � Form 3028 1l07 <br />� <br />, , ; .' <br />