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201109455 <br />dismissai with a niling that, in Lender's judgment, pre,cludes forfeitura of the Propert}+ or other material <br />impaarment of Lender's interest in the Properiy or rights under this Security Instrument. Tha proceeds of <br />any award or claim for damages that are athn`butable to the impairment of Lender' s inte�est in the Property <br />are here assigned and shall be paid fs Lender. <br />All ' llaneaus Proc�ds that are not applied to restoration or repair of the Progerty shall be <br />applied in the order provided far in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />PaYment or modification of �on of the sums secure� by this Security Instn�t granted by Lsnde�r <br />to Boaowec or any Successor in Interest of Bonower shall not operate to release the liability of Borraw� <br />or any Suc�sors in Interest of Borrower. I.euder shall not be required to commence procealings against <br />any Successor in I�est of Borrower or to refuse to extend time for payment ar otherwise modify <br />am,�rl�ation of the sums secured by tUis Security Instru�►ent by reason of any demand made by the original <br />Borrower ar any Successors in Interest of Boaower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitataon, Lender's acceptanc;e of payments fram tUird persons, evtities ar <br />Successors in Interest of Boirower ar in amounts less than the amowrt then due, shalt not be a waiver of or <br />pr�lude the exercise of any right or remedy. <br />13. Jo�tnt and Several Liability; Casfgners; Snccessors and Aasigns Bo�d. Borrower covenaats <br />and agrees that Borrower's obligations and liability shall be joint and several. Howev�r, any Borrower who <br />co-signs this Security Insfiiment but does not execute the Note (a "co-sign�"): (a) is co-ffigning this <br />Sec�rity �nstrument only to mortgage, grant and convey the co-signer' s interest in the Property under the <br />tera�s of tUis SecuritY Instcvment; (b) is not personally obligated to pay the sums se�ured by this Security <br />Instrumen� and (c) agrees that Lender and any other Borrower c�n agree to extend, m�if}', f� or <br />maks any accommodations with regazd to the terms of this S�urity Instmm�ent or the Nate without the <br />co-sigaer' s consent. <br />Subject to the provisions of Section 18, any S�ccessor in Interest of Bonower who assunaes <br />Boaower' s obligations under this Se�utity Instsument in writing, and is approved by Lender, ahall obtain <br />all of Bonower' s rights and benefits under this Se�trity Inslrumen� Horrower shall not be raleased from <br />Borrower' s obligations and liability under this Se�urity Instrument unl�s Lend� agre,es to such release in <br />writing. The covenants and agreements of this Security InsbnrmEnt shall bind (except as provided 'm <br />Section 20) and benefit the successors and assigns of L�der. <br />14e Loan Charges. Lender may charga Horrower f� for services performed in conn�tion with <br />Bonower' s default, for the purpose of protecting Lender' s interest in the Property and rights under this <br />Security Inslrument, including, but not limited to, attorneys� fees, PI'oP�Y �P�on and valuation fees. <br />In regard to any other fe�s, the absenca of exptess authority in this Security Inshvment 4o chatge a specific <br />f� to Borrower shall not be construed as a grohibition on tha charging of such f�. Lender may not charge <br />fees that are expressly prohi'bited by this Security Instnmde.nt or by Applic�ble Law. <br />If the Loan is subject to a law wluch sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be colle�tefl in conne�tion with the Loan enc�ed the <br />geimitted limits, then: (a) any such loan chazge shall be reflucad by the amount n� to reduc,e the <br />charge to the parmitted limit; and (b) any sums �lready colle�ted from Bonower which axceaded pe�itted <br />limits will be refimded to Borrower. Lender may chaose to make this refimd by reducing the Principal <br />owed undec the Note or by making a direct payment to Borrower. If a refund reduces principai, the <br />r�uction will be treated as a partial prepayment without any prepayment charga (whether or not a <br />Pr�PaYment charge is provided for under the Note). Bonower' s acceptance of any such refimd made by <br />direct payment to Bonower will constitirte a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Nol3ces. All notices given by Bonower or Lender in connection with this Sacurity Instrument <br />must be in writing. Any notica to Borrower in connection with this S�urity Instmm�ent shall be de,enae� to <br />have beea given to Bonower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notica to any one Borrower shall constit�te notice to all Borrowers <br />unless Applicable Law expressly re�uires othaiwise. The notice address shall be the Property Address <br />unless Bonower has designated a substitute notice address by notice to Lender. Bonower shall promptly <br />notify Lender of Borrower's cl�ange of address. If Lender specifi� a procedure far reporting Borrower's <br />change of address, then Borrower shall oY►ly report a change of address through that specifie� procedure• <br />2200200425 D V6ANE <br />NE9RASKA - Single Family - Fannle Mae/Freddle Mac UNIFORM IN3TRUMfNT WITH MERS <br />�-6A(N� loe�o) �ee �o ot �s i„�� �(. Form 3028 U01 <br />� y <br />�� <br />