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�oi1oo490 <br />9. Protec#ion of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrunnent, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under <br />this Security Instrurnent (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this 5ecurity Instrument or to enforce laws or <br />regulations), ar (c) Borrower has abandoned the Property, then L.ender may do and pay for whatever is <br />reasonable or appropriate to protect Lender's interest in the Property and rights undex this Secucity <br />Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing <br />the Praperty. 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 Instrument; (b) appearing in court; and (c) paying reasonable <br />aCtorneys' fees to protect its interest in the Property and/or rights under this Security Instrunnent, 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 />frorn pipes, elirninate building or other code violations or dangerous conditions, and have utilities turned <br />on or aff. Although Lender may take action under this 5ection 9, Lender does not have to do sa and is not <br />under any duty or obligation ta do sa, It is agreed that Lender incurs no liability for not taking any or all <br />actions authorized undex this Section 9. <br />Any amaunts disbursed by Lender under this Sectian 9 sha11 become additional debt of Borrower <br />secured by this Security Instrument. These arnounts shall bear interest at the Note rate fram the date of <br />disbursernent and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />Tf this Security Instrument is on a leasehold, Borrower shall comply with a11 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 merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Tnsurance 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 L,ender ceases to be available fram the mortgage insurer that <br />previously provided such insurance and Borrower was required to rnake separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiurns required to obtain <br />coverage sabstantially 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 insuxer selected by L,Qnder. If substantially equivalent Mortgage Insurance 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 caverage ceased ta be in effect. I.ender will accept, use and retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such lass reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and L.ender 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 Lender again becomes available, is obtained, and Lender requires <br />separately designated payments toward the prerniums for Mortgage Insurance. If L.ender required Mortgage <br />Insurance as a condition of rnaking the Loan and Borrower was required to make separately designated <br />payments toward the premiums for Mo�tgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until L.ender'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 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) far certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluate their total risk on a11 such insurance in force from tirne to time, and may <br />enter inCo agreements with other parties that share or nnodify their risk, or reduce losses. These agreements <br />are on terms and 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 make payments using any source <br />of funds that the mortgage insurer may have available (which may include funds obtained from Martgage <br />Insurance pre�niums). <br />NEBRASKA - 5ingla Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT '�`'` <br />�-6�NE) iosi i� Page 8 of 15 Initials: 1 y � Farm 3028 9/01 <br />V��� <br />