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241101495 <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to <br />perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might <br />significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and/or assessing the value of the Properiy, and securing and/or repairing the Property. Lender's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) <br />appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not <br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, <br />eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may <br />take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed <br />that Lender incurs no liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security <br />Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such <br />interest, upon notice fromLender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower <br />acquires fee tifle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay <br />the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage <br />required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower <br />was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost <br />substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage <br />insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Bonower shall continue <br />to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be <br />in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. <br />Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall <br />not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve <br />payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer <br />selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the <br />premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower <br />was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to 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 Lender providing <br />for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's <br />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 may incur if Borrower <br />does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements <br />with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are <br />satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the <br />mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may <br />include funds obtained fromMortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or <br />any aff'iliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) <br />a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or <br />reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share <br />of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT G <br />L �� <br />�-6(NE) (���> Page 7 of 14 initia�s: FoYm 3028 1/01 <br />DDS-NE9 <br />I i�l� I�I alll I�II II�I� I�I qll II� �III IINI �I� i�ll II� NI I R� <br />OOOONE9669856 <br />