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2o�io9�5z dismiss� with a ruling that, in Lender' s judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Properly ar rights under ttris Security Instrument. The proceeds of any award or claim for damages that are attn'butable to the i�airment of Lender' s interest in the Property are herebY _assigned and shall be paid to Lender. All Nliscellaneous Proceeds that are not applied to restoration or repair of the Properiy sl�all be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearaace By Lender Not a Waiver. Extension of the time for payment or modification of amor�ra�on of the sums secured by this Security Instrument �nt� by Lend� to Bonower or any Successor in Interest of Borrower shall not operate to rel�se the liability of Boaower or any Successors in Interest of Borrower. Lender shall not be required to commence proc�ings against any Successar in I�rest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security �nstrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forb�ce by Lender in exercising any right or reme�y including, without limitation, Lender' s acceptance of payments from third gersons, e�ities or Successors in Interest of Borrower or in am�unts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. � 13. Joint and Several Liability; Co-signers; Snccessors and Assigns Bomid. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not exe�uta the Note (a "co-signer"): (a) is co-signing this Secuxity Instrument only to mortgage, grant and convey the co-�gner's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums s�ured by this Sacurity Instnunent; and (c) agrees that Lender aad any other Borrower can agree to extend, modify, forbear or make any accommodaiions with regazd to the terms of this Security Instrument or the Note without the co-signer' s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower' s obligations under tUis Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Se�urity Instrument Borrower sha11 not be releasad from Borrower' s obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instcvment sha11 bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. I.ender may chazge Borrower fees for services performed in connection with Boaower' s default, for the purpose of protecting L,ender' s interest in the Properiy and rights unde� this Security Instnmdent, including, bue not limited to, attorneys' fees, properiy inspechion and valuation fees. In regard to any other fces, the absence of express authority in this Se�urity Instrument to charga a specific f� to Borrower shall not be construe� as a prolubition on the charging of such fe�. Lender may not charge fees that are expre,ssly prolubited by this Security Instnmaent or by Applicable Law. If tlie Loan is subject to a law which sets maximum loaz► charges, and that law is finally interpreted so that the interest or other loan charges colle� or to ba collectefl in connection with the Loan exc�d the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduc� the charge to the permitted limit; and (b) any sums alre,ady collected from Borrower which exceeded germitted limits will be refimded to Borrower. Lender may chaose to make this refimd by reducing the principal owed under the Note or by maldng a direct payment to Borrower. If a refimd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment cbarge is provided for under the Note). Borrower' s acceptance of any such refimd made by direct payment to Borrower will constituta a waiver of any right of action Bonower might have arising out of such overcharge. 15. No�ices. All notices given by Borrower or Lender in conne�tion with this Se�urity Instrument must be in writing. Any notice to Borrower in coimection with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when aclually delivered to Bonower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applic�ble Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Boaower shall promptly notify Lender of Borrower' s change of address. If Lender spe,cifies a pracedure for reporting Bonower' s change of address, then Barrower shall only report a change of address through that spe�ified procedure. 2200209563 D V6ANE NEBRASKA - Single Family - Fannle Mae/Freddle Mac UNIFORM INSTRUMENT WITy,I�ERS �-�A(NF� loa�o) PeBe 10 of 16 �Mtiela �� Form 3028 1/01 O