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201108846 <br /> Bortower shall be in default if any action ar proceeding,whether civil or criminal,is begun that,in <br /> Lender's judgment,could result in forfeiture of the Property or other material impairtnent of Lender's <br /> interest in the Properly or rights under this Security Instrument.Borrower can cure such a default and, <br /> if acceleration has occurred,reinstate as provided in Section 19,by causing the acUon or proceeding to <br /> be dismissed with a ruling that,in Lender's judgment,preeludes forfeiture of the Property or other material <br /> impairment of Lender's interest in the Properiy or rights under this Security Instrument.The proceeds of <br /> any award or claim for dt�.mages that are attributable to the impairtnent of Lender's interest in the Property <br /> are hereby assigned and shall be paid to Lender. <br /> All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied <br /> in the order provided for in Section 2. <br /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br /> payment or modification of amortization of the sums secured by this Security Instrument granted by <br /> Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of <br /> Borrower or any Successors in Interest of Bortower.Lender sha11 not be required to eommence proceedings <br /> against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br /> amortization of the sums secured by this Security Instrument by reason of any demand made by the <br /> original Borrower or any Successors in Interest of Borrower.Any forbearance by Lendar in exercising <br /> any right or remedy including,without limitation,Lender's acceptance of payments from tt�ird persons, <br /> enfities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be <br /> a waiver of or preclude the exercise of any right or remedy. <br /> 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower <br /> covenants and agrees that$orrower's obligations and liability shall be joint and several.However,any <br /> Bonower who co-signs this Security Instrument but does not execute the Note(a"co-signer"): (a)is <br /> co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the <br /> Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums <br /> secured by this Security Instrument;and(c)agrecs that Lender and any other Borrower can agree to <br /> extend,modify,farbear ar make any accomrnodations with regard to the terms of this Security Instrument <br /> or the Note without the co-signer's consent. <br /> Subject to the provisions of Section 18,a.ny 5uccessor in Interest of Borrower who assumes Borrower's <br /> obligations under this Securiiy Instrument in writing,and is approved by Lender,shall obtain all of <br /> Borrower's rights and benefits under this Security Instrument Borrower shall not be released from <br /> Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release <br /> in writing.The covenants and agreements of this Security Instrument shall bind(except as provided in <br /> Section 20)and benefit the suacessors and assigns of Lender. <br /> 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br /> Borrower's default, for the purpose ofprotecting Lender's interest in the Property and rights under this <br /> Security Insirument,including,but not limited to,attorneys'fees,property inspection and valuation fees. <br /> In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific <br /> fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not <br /> eharge fees that are expressly prohibited by this Security Instrument or by Applieable Law. <br /> HCFG-00359 <br /> NEBRASKA•Single Family-Fannie Mae/Freddie Mac UNIFORM iNSTRUMENT Form 3028 1l01 <br /> VMP� OSl17 <br /> . Wolters Kluwer Financial Services 201111154.0.0.0.4002-J20110824Y Page it of 17 <br /> •i oi � i • <br />