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' � � ��14��73� All Miscel�aneous Proceeds that are nat applied to restaration or repair of the Property shail he otherwise appli�d in the arder provided for in 5ection 2. 12. Borrower Not Released;Farl�earance By Lender Not a Wai�e�. Ex�ension of the time for payment or modificat�on af amartization of the Se�ured Debt secured by thi�Security Instrument granted hy Lender to Barrower or any Successars in Interest of Borrower sha1�not operate to release the liability of Borrower or any Successars in In�erest of Eorrow�r. Lender sha11 not be required��commence praceedings agains�any Successar in Interest of Borrawer or to refuse ta extend time far payment or otherwise mad.ify amartization of the sums secured by this Security Instrument by reasan �f any demand made by the original Borrawer ar any Succ�ssors in Inter�st of Barrower. Any farbearance by L�nder in exercising any right or remedy including, without limitatinn, Lender's acceptance af payments frarn third pers�ns, entities or Successors in Interest of Barrawer or�n amounts�ess than the am�un�then due, sha11 nat be a wai�er of or preclude the exercise of any right ar remedy. 13. Joint and Several Liah�lity;�o-signers;Successors and Assigns Bound. Borrower co�enants and agrees that Borrower's obiigations and liability shall be join�and several. Hawever,any Borrower who co-signs this 5ecurity Instrument but does not execute the Agreement (a "co-signer"}: (a}is co-signing this Security Instrument anly�a martgage, grant and con�ey the c�-signer's interest in the Praperty under the terms of this Secur�ty In�trument; �b} is not personally obligated to pay the Secured Debt secured by this Security Instrumen�; and(c}agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accammod.a.tions with regard to the terms of this Security Instrument or the Agreement without the co-signer's cansent. Subj ect to the pro�isians of Section 1 S, any 5uccessar in Interest of Borrower who assumes Barrower's obligations under this Security Ins�rument in writing, and i�appra�ed by Lender,shall abtain ail of Borrower's rights and benefits under this Security Instrument. Borrower shall nat be released from Borrawer's obligatians and l�ability under th�s Security Instrument unless L�nder agrees to such release in writing. The co�enants and agreements af this Security Instrument sha11 bind and benefit the successors and as�igns of Lender. 14, AgreementlAccaunt Charges. Lender may charge Barrower fees far services performed in cannectian with Barrower's default, for the purpvse of protecting Lender's inter�st in th�Property and rights under this Security . Instrument, including, but not limited to, attorneys' fees, property inspection and vaivation fees. In regard ta any other fees,the absence of express autharity in this Security�nstrument ta charge a specific fee to Borrnwer shall not be construed as a�pr�hibitinn an the charging af such fee. Lender ma�not charge fe�s•that are expressly prahibited by this Security Instrument or by App�icable Law. � If the Account is subj ect to a Iaw which sets maximum�oan charges, and that 1aw is finally interpreted sa that the interest or other Accaunt charg�s collected ar to be collected in connection with the Account exceed the permitted limits, then: �a� any such Account charge sha�� be reduced by the amount necessary to reduce th� charge to the permitted limit; and�b}any sums already cnllect�d fram Barrower which exceeded permitted limi�s wil�be refunded . �o Barrower. Lender may choose to make this refund by reducing the principal awed under the Agreement ar by making a drrect payment to Borrawer. If a refund r�duces principal, the reductian wi11 be treated as a partial prepayment withaut any prepayment charge �whether or nat a prepayment charge �s pra�ided for under the Agreement}. Bvrrower's acceptance af any such refund made by direct payment ta Borrower will constitute a vvai�er of any right af action Barrower might ha�e arising ou�of such overcharge. 15. Natices. All natices gi�en by Barrower or Lender in cannection with this Security Instrument must be in writing. Any notice ta Borrower in connection with this 5ecurity Instrument shal�be deemed to have been given to Borrawer when mailed by first class mail or when actually delivered ta Barrawer's notice address if sent by other means. Notice to any one Borrower shall constitute nntice to all Barrawers unless Applicab�e Law�xpressly requires otherwise. The notice address shall be the Property Adc�.ress unless Barrawer has designated a substitute notice address by notice to Lender. Faarrawer shail promptly notify Lender af Borrower's change af address. if Lender specifies a pracedure for reporting Borrower's change of address,then Borrawer sha11 only repflrt a change af address �hrough that specified procedure. There may be only ane designated notice address under this Security Instrumen� at any one time. Any notice to Lender shall b�gi�en by delivering it or by mailing it by first class mail to Lender's address sta�ed herein unless Lender has designated another address by notice to Borrower. Any notice in connectinn with this Secur.ity Instrument shall not be deemed to have�een given to Lender until actual�y recei�ed by Lender. VICRI L KISSLER�99514259123634Q NEBRASKA H�ME EC�UITY LINE�F CREDIT DEF��F TRUST Docll�aglc Q 2�08 DaCMAGiG, INC. www_docmagic.com NEHE51.g�A 061D4113 Page 8 of 13