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200906037 acceleration has occruY+ed, reinstate as provided in Section 1.9, by causing the action or proceeding to be dismissed with a ruling that, in I.,ender's jndgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Properly ar rights under this Security lrntrumenl. The procecxJs 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 t4 restoration or repair of the Property shall be applied in the order provided for in Section 2. l2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or moditicaiion of amortization of the surrns secured by this Security Insimm~ent granted by Lender to Borrower or any Successor in hnterest of Borrower shall rat operate d release the liability of Borrower or any Successors in innterest of Borrower. Lender shall rxni be regmred to conmrence proceedings against any Successor in Interest of Borrower or to refuse to extend lime for payment or otherwise modify amortization of the sunn secured by this Security Irrstnunent by reason of any demand made by the original Borrower ar any Successors in hrtc:rest of Borrower. Any forbearance by Leader in exercising any right or remedy including, without limitation, I.ernder's acceptance of paymeras from third persons, entities or Successors in Innterest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of airy right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Irrslrvment but does not execute the Note (a "co-signer"): (a) is co-signing this Security Ir>sinunent ody to mortgage, grunt aund convey the co-signer's interest in the Property under the terms of this Security Inshument; (U) is not personally obligated to pay the sums secured by Ibis Security Ir-stnunent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Irnstnurrent or the Note without the co-signer's consent. Subject to the provisior-s of Section 18, any Successor in llnterest of Borrower who assumes Borrower's obligations under this Security Incirtunent in writing, and is approved by Lender, shall obtain all of Borrower's rights and Ix;rx;fils under this Security Institmnent Borrower shall riot be released from Borrower's obligations and liability under this Security Lishument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except a5 provided in Section 20) and benefwt the successors and assigr>s of Lender: 14. Loan Charges. Lender Wray charge Borrower fees far services perfornred in connection with Borrower's default, far the purpose of protecting Lender's interest in the Property and rights under this Security Irnstnurnent, including, but not linrited to, attorneys' foes, properly inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security hiStnmrent to charge a specific fee to Borrower shall mot be conshued as a prohibition on We charging of such f~~:. Lender may not charge fees that are expressly prohibited by this Security L7sirunrent or by Applicable Law. If the Loan is subject to a law which leis maximum 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 pcrniiied limits, then: (a) any such loan charge shall be reduced by the amount necessary io reduce the charge to the pemitted limit; and (b) any stuns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. bender may choose to make this refund by reducing the principal owed under the Note or by maldrng a direct payment tv 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 order the Note). Bornower's acceptance of any such refund made by direct paymennt to Borrower 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 conm:cdon with this Security Instrument must be in writinng. Any notice to Borrower in connection with this Security Ir~trumeni shall be deeured to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by ocher means. Notice to any acre Borrower shall constitute motice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address udess Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lennder 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:. itiM rtgage 3.2.23.04 V5 NEBRASKA -Single Famlty -Fannie Mae/Freddle Mac IJNIPDRM INSTRUMENT f~_g(NE~(OS11) Page 100115 iM~s: Form 3028 1/01