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20090424'7 <br />acceleration has occurrccl, rcintilalc crs provided in Section I9, by causing the action or proceeding to be <br />dismissed with a rr.rliu~ Lh:.rl, in Lender's judgment, precludes fotfeitrxre of the Property ar other material <br />impairment ul' I_.cncler'ti interest in the I'topcrty or rights under this Security Instrument. The proceeds of <br />any award or claim tirr dam,rpcs Ih,rt ar•c attrihutable to the impairment of Lender's interest in the Property <br />are hereby assigned and sh~lll he p;ricl to Lcndcr- <br />All Miscellaneous 1'rocceds Ihat ar•c not applied to restoration or repair of the Property shall be <br />applied in the carder provided fire iu Scutiou 2- <br />12. Borrower Nat Released; I'orbe:u-ance By Lcndcr Not a Waiver. I;xtcnsian of the time far <br />payment or nuxliticalion of amortization of the suuns secured by this Security Instrument granted by Lender <br />to Borrower or any Succcs~or in irrietest of Borrower shall oat operate to release the liability of Borrower <br />or any Successors in Iutcresi of l3orrowcr. Lender shall not be required to cpmmenceptoceedings against <br />any Successor in Intcr•esf of l3orrowcr ar to tel'use to extend time for payment or otherwise modify <br />amortization of the sums securccl by this Security Instnuunent by reason of any demand made by the original <br />Borrower or any Succcstiorti in Int~t-esl crf Borrower- Any forhearance by Lender in exercising any right or <br />remedy inclr.rdi.ng, wilhorrl limilulicm, Lcndcr's acceptance of payments horn third persons, entities ar <br />Successors in Interest of l3orrowcr or in arnacrruts less than the amount then due, shall not be a waiver of of <br />prcchrdc the exercitic of':rny right rrr remedy. <br />13. Joint. and Several Liability; (Vo-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Bor•r•crwcr's ohli~~ations arrd liability shall he joint and several. However, any Borrower who <br />co-signs thin Security Inslrrrnrcnl hr.rl does not. execute the Note (a "co-signer"): (a) is co-signing this <br />Security .Tnsfrcu.nunt only io imorlgugc, grant. and convey the co-signer's interest in the Property under the <br />terns of this Security Instrument; (h) is not personally obligated to pay the sums secuurcd by this Security <br />Instnuncnt; aru- (c) at~,rccs th:.rl T,cruler and any other Borrower can agree to extend, modify, forbear or <br />make atuy aca~mrmodaliorrs wish rct~;rrd to the terms of this Security Instrument of the Note without the <br />co-signer's couscnt- <br />Suhjecl to the provisions ul• Section I K, airy Successor in Interest of Borrower who assumes <br />Borrower's olrli~:ations unclcr this Sccr.rrily TnslrumenC in writing, and is approved by Lender, shall obtain <br />all of Borr•owcr's r•iulrts anci hcnclils r.rrrde;r t.luis Security Instnuncnt- Borrower shall not be released Itom <br />Borrower's ohli~~alionti .nut liahility r.uuier this Security Instnuncnt unless Lender agrees to such release in <br />writing- '1'Irc covenants :rncl attrucrnerrls of this Security Instalment shall bind (except as provided in <br />Section 2O) arrd hcnclil Ilrc 5uccessots aril asstgns of Lender. <br />14. Loan (.'.harl;es. Lcndcr may charge Borrower fees for services perfaxrned in connection with <br />$orrower's dclaulC, lilt Lhc purlrcrsc of Irrotccting Lender's interest in the Property and rights under this <br />Security ltrsirr.nmenl., inclr.rditrg, ln.tl rtcri limited to, attorneys' fees, property inspection and vahuation fees. <br />In regard to arry olhcr• fees, rho absence of express authority in this Security Instrument to charge a specific <br />fee to $orrowa• shall Wert hc. consh•~rcd as a ptahibition on the charging of such fee. Lender may not charge <br />fees that. arc expressly prohibited by this Security Inst.tument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the imieresf. ur• other loam charges collected or to be collected in connection with the Loan exceed the <br />pcrtnitted liunils, iherr: (a) :.ray sr.rch loon. cl.~arge shall he reduced by the amount necessary to reduce the <br />charge to the pc;nniticd limit; :.urd (b) :.my sums already collected Pram Borrower which exceeded permitted <br />limits will bu rcli.mdecl to l3orrowcr. Lcndcr• may choose to make this refund by reducing the principal <br />awed colder the NOIe nr by m<rl<ing a direct payment 1.a Harrower. If a tefimd reduces principal, the <br />reduction will he tr•ccrtcd :rs a p:.rrti:.tl prepayment without any prepayment charge (whether ar not a <br />prepayment charge is proviclcd lirr cu>de.r l.he Note). Borrower's acceptance of any such refund made by <br />direct payr.nenl to l3orrowcr will r.nnsfitutc a waiver of any right of action Borrower might have arising out <br />of such overcharc~c- <br />15- Notices. All notices givr:n by l3orrowcr r>r Lender in connection with this Security Instrument <br />must be in wtilin~~- Any notice to 13or•r•ower in connection with this Security Instniment shall be deemed to <br />have been given In 13nrrowr:r when mailed by first. class mail or when actually delivered to Borrower's <br />notice address il• sc°-nl by c~thcr m~~o-rns- Notice to any one Harrower shall constitute notice to all Borrowers <br />unless Apl.~licahle. Law expressly requires ai.he.twise. '1"he notice address shall be the Property Address <br />crnless Bar•rowcr has dcsi~~.rurtcd r sr.rlrtititcrte notice address by notice to Lender. Borrower shall promptly <br />notify Lcndcr ol• l3orrowcr'~ char ge n1• address. If Lender specilies a procedure for reporting Borrower's <br />change of address, then l3orrowcr stroll only report a change of address through that specified procedure. <br />NEBRASKA- Single Family -Frannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />-ri(NE) tos i ~ 1 P2ge 10 of 15 Initials: Fbl'17r 3028 1101 <br />