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201��569� <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 proceeding 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 />regutations), or (c) Borrower kas 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 prote.cting andlor assessing the value of the Property, and securing and/or repairing <br />the Property. Lender's actions can include, but aze 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 andJor 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, repl�;e or board up doors and windows, drain water <br />from pipes, eliminate bwilding or other code violations or dangerous conditions, and have utiliries turned <br />on or off. Although Lender may take acrion under this 5ection 9, Lender daes not have to do so and is not <br />under any duty or obligation to do so. It is agz�eed that Lender incurs no liability for not taking any or alI <br />actions authorizeci vncier this Section 9. <br />Any amounts disbursed by Lender under this Section 3 shall become additional debt of Borrower <br />se,curad by this Security IIIStr�ment. These amounts shall bear interest at the Note rate from the cfiate of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requestigg <br />payment. <br />If ttus Security 1`t�CtrrrmPnt is ott � leasehold, Borrower shall comply with all the provisions of the <br />lease. If Bonower acguFres fee titIe to the Property, tlie Ieasehold and the fee title shalI not merge unless <br />Lender agrees to the merger in writing. <br />10. Mortgage �nee. If Lender requir� Martgage Insur�nce as a condition of malang the T.oan, <br />B�rmwer sh�il pay the gremivms requir�i to ma.i�tain t�ie 14rortgage Insu.rance in effect. If, for any reaso�, <br />the Mortgage Insura�cce ca�erage requised by I.enc��s cc�ses ta be available from the mortgage insurer tha� <br />previously pmvicked suet� iasurauce and Borrower was re�uirecfi to make separately designatec� paym�ts <br />toward the premiur� fa� 1Wlartgage Tasura�ce, Barro�+er shall pay tke gremiums required to obt�in <br />coverage substanrially eqe�ivatent to the Martgage �m�rance previously in effe�t, at a cost substanrially <br />equivalent to the eost ta Borrower of the Mortgage Instuance previously in effect, from an alternate <br />mortgage insurer sele,eted by Lender. If substantially equivalent Mortgage Insurance coverage is not <br />available, Borrower shall coIItinue to pay to Lender tlte amount of the separately designated payments that <br />were due when the inssu�arace coverage ceased tv be ia effect. I.ender will accept, use and retain these <br />payments as a non-refundable loss reserve in Iieu of 1Vlortgage Insurauce. Sueh Ioss reserve shall be <br />non-refunc�able, notwithstaading the fact that the Loaac is ultimateiy gaid in fu1l, anc� Lender shall not lre <br />required to pay Bvrrower any interest or earnings on such loss reserve. I,ender can no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount aud for the period that Lender requires) <br />provided by an insurer sele,cted by Lender again b�ames available, is obtained, and Lender requires <br />separately designated payments towazd the premiums for Mortgage Insurance. If Lender required Mortgage <br />Insurance as a condirion of making the Loan and Borrower was requir� to make separately designated <br />payments toward the premiums for Mortgage Insurance, Bonower 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 agreement between Bonower and <br />Lender providing for such termination or until terminarion is required by Applicable Law. Nothing in this <br />Secrion 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any enrity that purchases the Note) for certain losses it <br />may incur if Bonower does not repay the Loan as agre�i. Bonower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance 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 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 Mortgage <br />Insurance premiums). <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B(NE) (0811) Page 8 of 15 Initials: Form 3028 1/01 <br />� <br />� <br />�` <br />V <br />