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202402489
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6/4/2024 3:48:19 PM
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6/4/2024 3:48:17 PM
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202402489
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5110331738 <br />202402489 <br />980121260560 <br />the Property, if Borrower (i) abandons the Property, or (ii) fails to respond to Lender within 30 days after the <br />date Lender notifies Borrower that the Opposing Party (as defined in the next sentence) offers to settle a <br />claim for damages. "Opposing Party" means the third party that owes Borrower the Miscellaneous Proceeds <br />or the party against whom Borrower has a right of action in regard to the Miscellaneous Proceeds. <br />(e) Proceeding Affecting Lender's Interest in the Property. Borrower will be in Default if any <br />action or proceeding begins, whether civil or criminal, that, in Lender's judgment, could result in forfeiture of <br />the Property or other material impairment of Lender's interest in the Property or rights under this Security <br />Instrument. Borrower can cure such a Default and, if acceleration has occurred, reinstate as provided in <br />Section 20, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, <br />precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights <br />under this Security Instrument. Borrower is unconditionally assigning to Lender the proceeds of any award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property, which proceeds <br />will be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property <br />will be applied in the order that Partial Payments are applied in Section 2(b). <br />13. Borrower Not Released; Forbearance by Lender Not a Waiver. Borrower or any Successor <br />in Interest of Borrower will not be released from liability under this Security Instrument if Lender extends the <br />time for payment or modifies the amortization of the sums secured by this Security Instrument. Lender will <br />not be required to commence proceedings against any Successor in Interest of Borrower, or to refuse to <br />extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument, <br />by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any <br />forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance <br />of payments from third persons, entities, or Successors in Interest of Borrower or in amounts less than the <br />amount then due, will not be a waiver of, or preclude the exercise of, any right or remedy by Lender. <br />14. Joint and Several Liability; Signatories; Successors and Assigns Bound. Borrower's <br />obligations and liability under this Security Instrument will be joint and several. However, any Borrower who <br />signs this Security Instrument but does not sign the Note: (a) signs this Security Instrument to mortgage, <br />grant, and convey such Borrower's interest in the Property under the terms of this Security Instrument; (b) <br />signs this Security Instrument to waive any applicable inchoate rights such as dower and curtesy and any <br />available homestead exemptions; (c) signs this Security Instrument to assign any Miscellaneous Proceeds, <br />Rents, or other earnings from the Property to Lender; (d) is not personally obligated to pay the sums due <br />under the Note or this Security Instrument; and (e) agrees that Lender and any other Borrower can agree to <br />extend, modify, forbear, or make any accommodations with regard to the terms of the Note or this Security <br />Instrument without such Borrower's consent and without affecting such Borrower's obligations under this <br />Security Instrument. <br />Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, will obtain all <br />of Borrower's rights, obligations, and benefits under this Security Instrument. Borrower will not be released <br />from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release <br />in writing. <br />15. Loan Charges. <br />(a) Tax and Flood Determination Fees. Lender may require Borrower to pay (i) a one-time charge <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />X 25306.5 Page 14 of 21 <br />
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