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200J040'79 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be. dismissed with a ruling ghat, 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 dazna``es 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 Z. 12. Borrower Not Released; :Forbearance B}~ 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 Iorrower or anv Successors in Interest of Borrower. Lender shall not be required to commence proceedin~~s 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 t}te original Borrower or any Successors in Interest of Borrower. Any forbearance by },.ender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in hiterest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude. the: exercise of any right ar remedy. 13. Joint and Several Liability; Co-signers; Successors arrd Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. l-Iowever, any Borrower who co-signs this Security instrutr~ent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and conve}r the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Lzzstruznent; and (c) agrees that Lender and any other Borrower can agree io extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note wit}lout the co-signer's Consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender.. sha(1 obtain all of Borrower's rights and benefits under this Security Lnstrument. Borrower shall not be released from Borrower's obligations and stab}lit}~ 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 bender. 14. Loan Charges. I..ender may chctrgc Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting [,endcr's interest in the Propert}~ and rights under this Security Instrument, including, but not limited to, attorneys' fees. grope-sty inspection and v~tlr.tation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a speciiiC fee to Borrower shall not be construed as a prohibition on the eharc;in~* of such fee. Lender ma_v not charge fees that are expressly pz~ohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a )aw which sets maximum loan charges, and ghat lave 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) an}~ sect: loan charge shall be reduced by the amount necessary to reduce the Charge to the permitted limit; and (b) any scans already collected trorn Borrower wh}ch exceeded permitted limits will be refunded to Borrower. Lender may choose to snake this refund be- reducing. the principal awed under 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 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. 1S. Notices. All notices givers by Borrower or Lender in connection with this Security Insu~umcnt must be in writing. Any notice to Borrower in connection with t}pis Security hnstrument shall be deemed to have beetz given to Borrower whc,n mailed by Cast 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 all Borro~~~ers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by z~otire to Lender, 1orrower 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 procedure. 230532 NEBRASKA -Single Family -Fannie MaelFreddie Mac UNIFORM INS7RUMEN7 1 -6(NE)(oRi1~ Page 10 or 1s i~~t~ais ~l Form 3028 1/01