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20120115� dismissed with a ruling that, in I.ender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Properiy or rights under this Security Instrument. The procads of any award or claim for damages that are attributable to the impairment of Lender's interegt in the Property are hereby assigned and shall be paid to Lender. All Miscellan�us Proceeds that are not applied to restorarion or repair of the Properiy shall be appli� in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortir�tion of the sums se�ureri by this Security Inslrument grante� by Lender to Borrower or any S�ccessor in Interest of Barrower sha11 not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be re,quire� to commence proc�edings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instnnnent by reason of any dema.nd made by the original Borcower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitarion, Lender's acceptance of payments from third persons, entities or Successflrs in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pr�lude the exercise of any right or remedy. 13. Joint and Several Li�bility; Casigners; Successors and Assigns Boand. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs tivs Security Instroment but does not execute the Note (a "co-signer"}: (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the terms of this Se�urity Instrument; (b) is not personally obligatad to pay the sums secure� by this Se�urity Instrument; and (c) agr�s that Lender and any other Bonower � agr� to extend, modify, forbear or malce any ac�ommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Se�tion 18, any Successor in Interest of Bonower who assumes Borrower's obligations under this Security Insirument in writing, and is approv� by Lender, shall obtain all of Borrower's rights �d benefits under this Security Instrument. Borrower sha11 not be rel� from Borrower' s obligations and liability under this S�urity Instrument unless Lender agr�s to such release in writing. The coven�ts and agreements of this Se�urity Instcwment shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. I.ender may charge Borrower f�s for services performed in counection with Borrower' s default, for the purpose of protect�ing Lender' s interest in the Property and rights under this Security Insirument, including, but not limite� to, attorneys' fas, property inspection and valuation fees. In regard to any other fces, the absence of express authority in this Se�urity Insbniment to charge a sp�ific fee to Bonower shall not be conslruerl as a prohibition on the charging of such f�. Lender may not charge fees that are expressly prohibited by this Se,curity Instrument or by Applic�ble La.w. If the Loan is subject to a law which sets m�imum loan charges, and that law is finally interpreted so that the inter�t or other loan charges collect�l or to be collected in connection with the Loan exc�ed the permitted limits, then: (a) any such loan charge shall be reducerl by the amount n�essary to reduce the charge to the permitted limit; and (b) any sums already cflll� from Borrower which exc�erl permitte�i limits will be refimded to Bonower. Lender may choose to make this refund by re�ucing the principal owed under the Note or by making a direct payment to Bonower. If a refund re�uces principal, the reduction will be 1x�ted as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provideri for under the Note). Barrower' s acceptance of any such refimd made by direct payment to Borrower will constitute a waiver of any right of action Borrower rnight have arising out of such overcharge. 15. NoHc�. All notices given by Borrower or Lender in connection with ttris S�urity Instrument must be in writing. Any notice to Barrower in cflnne�tion with this Security Instrument shall be de.e�ned to have been given to Borrower when mailerl by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to a11 Bonowers unless Applic�ble Law expressly re�uires othervvise. The notice address shall be the Properiy Addre,ss unless Borrower has designate� a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified proce�we. 2300070575 D V6AN� NE9RASKA - Single Family - Fannle Mae/Frseddie Mac UNIFORM INSTRUMENT WITH M �-8A(N� Ioetol Peee �o o� �s tr,c�eis:�� Form 3028 1/01 0