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202100259 <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is <br />begun that, in Lender's judgment, could result in forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. <br />Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's <br />judgment, precludes forfeiture of the Property or other material impairment of Lender's interest <br />in the Property or rights under this Security Instrument. The proceeds of any award or claim for <br />damages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property <br />shall be applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of <br />the time for payment or modification of amortization of the sums secured by this Security <br />Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not <br />operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender <br />shall not be required to commence proceedings against any Successor in Interest of Borrower or <br />to refuse to extend time for payment or otherwise modify amortization of the sums secured by <br />this Security Instrument by reason of any demand made by the original Borrower or any <br />Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, <br />entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall <br />not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. <br />Borrower covenants and agrees that Borrower's obligations and liability shall be joint and <br />several. However, any Borrower who co-signs this Security Instrument but does not execute the <br />Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and <br />convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is <br />not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that <br />Lender and any other Borrower can agree to extend, modify, forbear or make any <br />accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who <br />assumes Borrower's obligations under this Security Instrument in writing, and is approved by <br />Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. <br />Borrower shall not be released from Borrower's obligations and liability under this Security <br />Instrument unless Lender agrees to such release in writing. The covenants and agreements of <br />this Security Instrument shall bind (except as provided in Section 20) and benefit the successors <br />and assigns of Lender. <br />NEBRASKA — Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />GCC - G3028-12 (09/01) (Page 12 of 19) <br />