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200806847 dismissed with a ruling that in Lender's judgment precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All "Miscellaneous ProceedS that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2 12. BOfll'ower Not Released; forbearmcc By Lender Not a Waiver. Extension of the time 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 not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings 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 Instrument 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 perso~ entities or Successors in Interest of Borrower or in amolUlts less than the amolUlt then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint md Several Liability; Co-signers; Successors md Assi.gl1s Bound. 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 this Security Instrument only to mortgage, grant and corwey the co-signer' s interest in the Property lUlder the terms of this Security Instrumen~ (b) is not personally obligated to pay the sums secured by this Security Instrumen~ and (c) agrees that Lender and any other BOllUwer can agree to extend modify, forbear or make 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 H~ any Successor in Interest of BOllUwer who assumes Borrower's obligations lUlder this Security Instrument in writing and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument BOllUwer shall not be released 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 Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan. Charges. Lender may charge BOllUwer fees for services performed in connection with Borrower's default for the purpose of protecting Lender's interest in the Property and rights Wlder this Security Instrument including but not limited to, attorneys' fees, property inspection and valuation fees In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charg~ 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, then (a) any such loan charge shall be reduced by the amolUlt necessary to reduce the charge to the permitted limi~ and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to BOllUwer. Lender may choose to make this reflUld by reducing the principal owed lUlder the Note or by making 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 not a prepayment charge is provided for lUlder the Note). BOllUwer's acceptance of any such refund made by direct payment to BOllUwer will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing A ny notice to BOllUwer in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one BOllUwer shall constitute notice to all BOllUwers 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. BOllUwer shall promptly notify Lender of BOllUwer' 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 procedure. VMNA(NE) (0407).01 Page 10 of 1 5 Form 3028 1/01 ::;1 /0K-