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NOW5 mud 7.tm 200407890 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 14, by causing the action or proceeding to be dismissed with a ruling that, in Leader's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights tender this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of L.ender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are of applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the dine for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall of operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to comments proceedings against any bltecessor in interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrutuctu by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in interest of Borrower or in amounts 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; Successors and Assigns ]found. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security instrument but does not execute the Note (a "co-signer "): (a) is co- signing d&- Security Irntnmment only to mortgage, grant and convey the co- signer's interest in the Property under the teens of this Security Insttumum; (b) is of per`owAiy obligated to pay the suns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or mate any accommodations with regard 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 ]merest of Borrower who assumes Borrower's obligations under this Security Instnmoent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Lmsnunwat. Borrower shall not be released from Borrower's obligations and liability Under this Security Instrument unless Lender agrees to such release in writing. The covenant% and agreements of this Security instrument shall bind (except as provided in Section 20) and benetit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' his, property inspection and valuation fees. In regard to any other fees, the absence of express authority in Ihis Security hsirumheut to charge a spetific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Under may of charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets traximmn loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, their: (a) any such loan charge shall be reduced by the atmunt necessary to reduce the charge to the permitted limit; and (b) any sutras already collected from Borrower wbich exceeded permitted limits will be refunded to Borrower. Linder may choose to take this refund by reducing the principal owed under the Note or by maldng a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or of a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1$. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when trailed by first class nail or when actually delivered to Borrower's notice address if sent by other mcaus. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. if Under specifies a procedure fur reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one tithe. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Lew; Severability; Rules of Consmretion. This Security Instrument shall be governed by tederal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable law. Applicable law might explicitly or implicitly allow the parties to apart by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Imstrumcmu or die Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Nole which rain be given cffmx without die amilicting provision. NEBRASKA - Single Family - -Fannie Mae/Freddhe Mac UNIFORM INSTRUMENT - MERS DocINy/cdWRwu a atoa4s -rie2 Form 3023 1101 Page 7 of 10 www.doemsyk.com 11 IN1911011111101U 11111111101mal p I111Ui1111111 MHU111111