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200904084 acceleration has occurred, reinstate as provided in Section t9, by causing the action ar proceedirtg ro be 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 Instrtment. The proceeds of any award or claim for damages tlydt are atlributabte to fhe impainment of Lender's interest in the Property are nareby assigned and shall be paid to t.ander. All iNiscellaneous Proceeds that arc not applied to restoration ar repair of dte Property shall be applied in dte order provided for in Section 2. IZ. Borrower Not Released; Forbearance By Lendrr Not a Waiver, Extension of the time for payment or modification of amortiration of the sums secured by this Security Instruument granted by Lender w Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or arty Successors m Interest of Borrower, Lender shall not be raqutrad in commence procxedings against any Successor in Interest of Borrower or to refuse to extend time fur payment or atherwist: modify amordzadgn of the sums secured by this Security lttstrument by reason of any demand mach by the original Borrower or any Successors in Inlerrst of Borrower. Any farbrarartce by tinder in exercising any right ar remedy including, without limitation, Lender's acceptance of payments from third persons, entities nr Suceassans in Interest of Borrower or in arrwunts less than the amount then due, shall not be a waiver of or preclude the axarise of any right or remedy. Y3. Joint and Seneca! 4iabitity; Co-signers; Successors and Assigns Boand. BDrrower covenants and agrees that Borrmwer's obligations and liability shall be joint and several, However, any Borrower who cn-signs this Security Irtstrurrteatt 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 interact in the Property under the terms of this 5acurity Instrtument; (b) is not personally obligated to pay the sums secured 6y this Security Instrument; and (c) agrees that Lender and any other Borrower can agree W extend, modify, forbear or make any accommodations with regard W the terms of this Security Instrument or the Note without rite co-signer's cpnsenL Subject w fhe provisions of Section 1$, any Successor in Interact of Borrower who assttmes Borrower's obligations under this Security Instrument in wripng, dud is appmvrd by Lender, shall obtain all of Borrower's rights and benefits under This Security ]nsattmenC Borrower shalt not be released from Barrawer's obligatiars and liability under this Security Instrument unless Lender ilgreay W such release in writing, The covenants and agreements of this Sactu-ity Instrument shall bind (except as provided in Section 2D) aril benefit the successors and assigns of Larder. i4. Loan Charges. Lander may charge Borrower fees far services performed in connection with Borrower's default, for the purpose of protecting Lender's inlrxcst in dre Pmperty and rights under this Security Instrument, including, bat twt litnited to, aaorneys' fees, property inspecliaa and valuation foes. In regard to any other fees, the absence of axprass authority in this Security Instrument W charge a specific fee ttr Borrower shalE not be construed as a prohibitmn on the charging of such fee, Lender may nut charge fees that era expressly prohibited by this Security Instrument nr by Applicable law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpratad so that the interest ar a1hCr loan charges collected or W be collected in cnnnrxtion with the [.oan exceed the permi[ud limits, then: (a) any such loan charge shalt be reduced by the amount necessary to reduce the charge W the permitted limit; arK1 (b) any sums aUeady collected from Borrower which exceeded permitted limits will be refunded W Borrower. 1_endar may choose to make this refund by reducing the principal owed under the Nnte or by making a diruct payment to Borrower. If a refund rulucrs principal, the reduction will be treated as a partial prepayment wikltatrt any prt.paYmcnt charge (whether or not a pre~rayment charge is provided for under the Note). Borrower's acceptance of any such refund made 6y direct payment to Btnrvwer will constitute a waiver of any right of action BarrawrX might have arising out of such ovarcharga. i5. Notices. All notices given by Borrower or Lender in cpnnac0on with this Security Insuument must be in writing. Any notice W Borrower in connection with this Security Instrutne+,t shag be deemed W have been given to Borrower when mailed by Lust class mail or when acwally delivered W Bomawar's notice address if sent by other means. Notice W any one BorroWt,'r shall constitute notice IO aB Borrowers tmle4a Applicable Law earpressly requires otherwise. The notice address shatl be the Property Address unless Borrows has desig-tated a substitute notice address by notice to Lender. $arrnwar shall promptly notify Lender of Bor;rower's change of address. If Lander specifics a procedure for reporting Borrower's change 6f address, then Borrower shall only report a change uF address through drat specified procedure. NHBRASKA -Single Family - Fannts MeslFraddia Mac UNIFORM INSTRUME t~-6(NE) leant Page 16ot 15 route ~8 1101