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20110278� <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 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 proceeciing in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority 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 />Instrument, including protecting and/or assessing the value of the Property, an@ securing and/or repairing <br />the Property. Lender's actions can include, but are not limited to: (a) paying any sunns 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 and/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 Property to make repairs, change locks, replace ar board up doors axrd wirtdows, drain water <br />from pipes, eliminate building or other code violations or dangerous conctitions, and have utilities turned <br />on or off. Although Lender may take action under this Section 9, I.ender does not have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lender incurs no Iiability for not taking any or all <br />actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall beco� 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 norice fram I.ender to Bonawer requesting <br />payment. <br />If this Security Instnunent is on a leasehold, Borrower shall compty vvith aIl the provisions of the <br />lease. If Borrower acc}uires fee title to tfie Property, the leasehold and the fee title shati not merge unless <br />Lender agrees to the x�rger in writiag. <br />IQ• � Insurae�e. If Lender required Nlortgage I�zsurance as a co�dit�on of �aking the Loan, <br />Borrower s�l pay � paeuuurns required ta maintain the Mortgage Insurance in effect. If, for any reason, <br />the Mortgage I�uranee coverage rec�uired by L.ender ceases to be available from the mortgage insurer that <br />previcausly prc�vicieci such i��surax�e �ed �rrovver was required to make separateIy designated payments <br />toward � pretruums for Mortgage �ranee, Borrawer shail gay the premiums required ta obtain <br />coverage substatctia�y eq�svaFent to tl�: Mvrtgage Insurance previously in effect, at a cost substautially <br />eguivatent Eo E� Cost to Borrower of t�se Mortgage Insurance previously in effect, from an alternate <br />mortgage ins�rer selected by Lender. If substarrtially equivalent Mortgage Insurance coverage is not <br />availabie, Barrower shatl continue ta pay to Lender the amount of the separately designated payments that <br />were ctc►e whe� Ehe irrsur�e eoverage ceased to be in effect. Lender will accept, use and retain these <br />pa}�rrients as a rmn-ref�dabte Ic>ss reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refit�able, nAtwithstanding the faet that the Loan is ultimately paid in ftill, and Lender shatt not be <br />require� to pay Barrower any irnerest or eamings on such Ioss 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 />pravided by an insurer seiecteci by Lender again becomes availahle, is obtained, and Lender requires <br />separately designatect payments toward the premiums for Mortgage Ir�surance. If Lender required Mortgage <br />Insurance as a condition of making the Loan and Bonower was reqtured to make separateIy designated <br />payments towazd the premiums for Mortgage Insurance, $orrower shatl pay the premiums reqwred to <br />maintain Mortgage Insnrance in effect, or to provide a non-refundabie loss reserve, until Lender's <br />rec�uirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until ternunation is required by Applicable Law. Nothing in this <br />Section 10 affects Bonower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insitrance 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. Bonower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaIuate their total risk on ali such insurance in force from time to time, and may <br />enter into agreements with other parties that share or znodify 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 avaiiable (which may include funds obtained from Mortgage <br />Insurance premiums). <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac 1111tIFORM IMSTRUMENT <br />(�-6fNE) �o8ti1 PageB of 15 �nitia�s: Form 3028 1/01 <br />� <br />���-� ��� <br />