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~ou~o9447 dismissed with a ruling that, in Lender's judgment, precludt;s forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds aP any award ar claim far 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. 1.2. Borrower Not Released; .Forbearance sy Lender Not a Waiver. Extension of the tune for payment ar modification of atmortiration of the sutras secured by Chis Security Instrument: granted by Lender to Borrower or any Successor in Interest of Harrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be rexluired to commence proceedings against any Successor in Interest of Harrower or to refuse to extend time for payment or otherwise tmadify atnortiration of the sums secured by this Security Instrument by reason of any demand made by the original Torrower or any Successors in Interest of Borrower. Any f'orbeitrance by Lender in exercising any right ar remedy including, without limitation, Lender's acceptatce of paytmcnts from third persons, entities or Successors in Interest of Horrvwer or itt aimounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or .remedy. 13. Joint and Several I~iabillty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Horrower's obligations attd liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not ex<xute the Nate (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and Canvey the co-signer's interest .in the Property under the terms of this Security htstruinent; (b) is not personally obligated to pay the sutras secttrecf by this Security Instrument; and (c) agrees that Lender and airy other .Ba.rrower 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 18, any Successor in Interest of Harrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by .Lender, shall obtain all of Harrower's rights and benefits under this Security Instrument. Harrower shall not be released Pram Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants anti agreements of this Security Instrument shall bind (except as provided in. Section 20) and benefit the successors and assigns of Leader. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, far the purpose of protcxcing Lender's interest in the Property and rights under this Security Instrument, including, but not l.iinited 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 Horrower shall not be construed as a prohibitiat on the charging of such fee. Lender may not charge fees [hat are expressly prohibited by this Security Instruument o.r by .Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and ghat 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 amount ncx:essary to reduce the charge to the pcrtnitted limit; and (b) any sums already collexted from Borrower which exceeded permitted limits will. be refunded to Harrower. Lender may choose to make: this refund by reducing the principal owed wader the Note ar by making a direct payit-ient to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or oat a prepayment charge is provided for under the Note)..Harrower'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. 15. Natives. All natives given by Harrower or Lender in connc~tion with this Security Instrument must be in writing. Any notice to Borrower 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 Borrower shall constitute notice to all Borrowers unless Applicable .Law expressly requires otherwise. The notice address shall be the Property Address unless .Borrowerr has designated a substitute notice address by notice to Lender..Horrower shall promptly notify Lcnde.r 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 adclress through that specified procedure. 88pp7452p0 880p7452pp NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFpRM INSTRUMENT WITH -6A1NE) tosioi Page 10 of 15 mniais: ~ Form 3028 1/01