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201103269 <br />9. Protection of Lender's Interest in the Property and Rights Under tlris Security Instrument If <br />(a) Borrower faiLs to petform the covenants and agreements contained in. this Security Instrument, (b) there <br />is a legal pmceeding that might significantly affect Lender's interest in the Properiy and/or rights under <br />this Security Instnunent (such as a pmceeding in bankntptcy, 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, 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 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 Insiaument, including <br />its secured position in a bankruptcy proceeding. Securing the Properly 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 dangerous conditions, and l�ave utilities turned <br />on or off. Although Lender may take action under this Secrion 9, Lender does not have to do so and is not <br />under any duty or obligarion to do so. It is agreed that Lender incurs no liability for not taking any or all <br />acrions authorized uader this Section 9. <br />Any amouats disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security In.�trument. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon norice from Lender to Bonower requesting <br />payment. <br />If this Security Instrument is on a leasehold, Bonower shall comply with all the provisions of the <br />le,ase. If Bonower acquires fee ritle 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 Insurance as a condirion of malang 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 Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Bortower was required to make separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />coverage substanrially equivalent to the Mortgage Insuiance previously in effect, at a cost substantially <br />equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, &om an alternate <br />mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance covernge is not <br />available, Sorrower shall continue to pay to Lender the amount of the separately designated payments that <br />were due when the �nc„rance 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 ultimately paid in full, and Lender shall 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 covetage (in the amount and for the petiod 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 premiums for Mortgage Insurance. If Lender required Mortgage <br />Inaurance as a condition of making the Loan and Boaower was required to make separately designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insusance 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 <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in thie <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimbutses Lender (or any entity that purchases the Note) for certain losses it <br />may incur if Bonower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br />Insuta.nce. <br />Mortgage insurers evaluate their total risk on all such in�r�nce in force from time to time, and may <br />enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements <br />are on terms and condiYions that are satisfactory to the mortgage insuter 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 ma.y have available (which may include fuads obtained from Mortgage <br />Insutance premiums). <br />NEBRASKA- Single Family - Fannl� MaeiFreddle Mac UNIFORM INSTRUMENT <br />�$�E} (0811) Pega 6 of 15 Inidals: FOI'M �� 7/01 <br />