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<br />200708684 <br /> <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun <br />that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a <br />default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or <br />proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the <br />Property or other material impairment of Lender's interest in the Property or rights under this <br />Security Instrument. The proceeds of any award or claim for damages that are attributable to the <br />impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall <br />be applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the <br />time for payment or modification of amortization of the sums secured by this Security Instrument <br />granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release <br />the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to <br />commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason <br />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 <br />acceptance of payments from third persons, entities or Successors in Interest of Borrower or in <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right <br />or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower <br />covenants and agrees that Borrower's obligations and liability shall be joint and several. However, <br />any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): <br />(a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer' s interest <br />in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br />sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this <br />Security Instrument or the Note without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall <br />obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be <br />released from Borrower's obligations and liability under this Security Instrument unless Lender <br />agrees to such release in writing. The covenants and agreements of this Security Instrument shall <br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection <br />with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights <br />under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and <br />valuation fees. In regard to any other fees, the absence of express authority in this Security <br />Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security <br />Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally <br />interpreted so that the interest or other loan charges collected or to be collected in connection with <br /> <br />NEBRASKA--Single Family--Fllnnie MllelFreddie MllC UNIFORM INSTRUMENT <br /> <br />Form 3028 IIOI (page J J of J 6 pages) <br /> <br />wTL <br />