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202602830
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5/5/2026 2:14:39 PM
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5/5/2026 2:14:36 PM
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202602830
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202602830 <br />Instrument, whether or not the sums are then due, unless Borrower and Lender otherwise agree in <br />writing. <br />(d) Settlement of Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />to the sums secured by this Security Instrument, whether or not then due, or to restoration or repair <br />of the Property, if Borrower (i) abandons the Property, or (ii) fails to respond to Lender within 30 <br />days after the date Lender notifies Borrower that the Opposing Party (as defined in the next sentence) <br />offers to settle a claim for damages. "Opposing Party" means the third party that owes Borrower the <br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to the <br />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 <br />in forfeiture of the Property or other material impairment of Lender's interest in the Property or <br />rights under this Security Instrument. Borrower can cure such a Default and, if acceleration has <br />occurred, reinstate as provided in Section 20, by causing the action or proceeding to be dismissed <br />with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower <br />is unconditionally assigning to Lender the proceeds of any award or claim for damages that are <br />attributable to the impairment of Lender's interest in the Property, which proceeds will be paid to <br />Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property will be <br />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 <br />Successor in Interest of Borrower will not be released from liability under this Security Instrument <br />if Lender extends the time for payment or modifies the amortization of the sums secured by this <br />Security Instrument. Lender will not be required to commence proceedings against any Successor in <br />Interest of Borrower, or to refuse to extend time for payment or otherwise modify amortization of the <br />sums secured by this Security Instrument, by reason of any demand made by the original Borrower <br />or any 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, entities, or <br />Successors in Interest of Borrower or in amounts less than the amount then due, will not be a waiver <br />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 <br />Borrower who signs this Security Instrument but does not sign the Note: (a) signs this Security <br />Instrument to mortgage, grant, and convey such Borrower's interest in the Property under the terms <br />of this Security Instrument; (b) signs this Security Instrument to waive any applicable inchoate <br />rights such as dower and curtesy and any available homestead exemptions; (c) signs this Security <br />Instrument to assign any Miscellaneous Proceeds, Rents, or other earnings from the Property to <br />Lender; (d) is not personally obligated to pay the sums due under the Note or this Security Instrument; <br />and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear, or make <br />any accommodations with regard to the terms of the Note or this Security Instrument without such <br />Borrower's consent and without affecting such Borrower's obligations under this Security Instrument. <br />HCFG-01221 270610826210 <br />NEBRASKA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />Wolters Kluwer Financial Services, Inc. 10/25 <br />2026050124.2.0.5951-J20081203Y Page 14 of 21 <br />HMO <br />
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