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~o~ooo~zi dismissed with a rtrlirrg that, in I~errder's judgment, precludes forfeiture of the Property or other material impairnrent of Lender's interest in the Property or rights antler this Security hlstrtirment. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are herebyy 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. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security histrument granted by Lender to Born-wer or any Successor in Ir~kerest of Borrower shall not operate to release the liability of Borrower or any Successors in Irrterest of Borrower. Lender shall not be required tp commence proceedings against any Successor in Inderest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instxument by reason of amy demand made by the original Borrower or any Suu:essors in Lrterest of Borrower. Any for~eararrce by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from tirir~d persons, entities or Successors in Irrterest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of arty right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and frees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security histrvment but does not execute the Note (a "co-signer"): (a) is co-signing this Security Irtstnunent only W mortgage, grrrrt and convey the co-signer's interest in tine Property under the team of this Security Instrument; (b) is not personally obligated to pay the surr~ secured by this Security h~trument; and (c) agrees that Lender aril any other Borrower can agree to extend, rnotlify, forbear or make any accommodations with regard to tine terms of this Security h7strument or the Note without the co-signer's consent. Subject to the provisions of Section 18, arty Successor in Interest of BorrDwer who assumes Borrower's obligations order this Security bnslrirlment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security hlstrument shall bind (except as provided in Section 20) and benefit the suct:~sor~ anti assigns of Leader. 14. Loan Charges. Lender may charge Borrower fees For services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Irstnrurent, including, but not limited to, attorneys' fees, property inspection and valuation fees. in regard b any other fees, the absence of express authority in this Security Ir~stnrment to charge a specific fee io Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Ir~pvment or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or t4 be collected in connection with the Loan exceed the permitted limits, Wen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose W make this refund by reducing We principal owed under We Note or by nralsing a direct payment to Borrower. If a refund reduces principal, We reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge i<S pmvided for order We Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of arty right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Bornower or Leader in connection wiW this Security Instrument must be in writing. Any notice to Borrower in connection wiW 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 udess Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has desi~rated a substigrte notice address by notice t4 Lender. Borrower 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. 001121095467 itiMortg e~~29.66 V3 NEBRASKA -Single Famlty -Fannie Mae/Freddie Mac UNIFORM INSTRtJMt]Nt WIT ~~f/ -BA(NE~ loeioi PMge 10 of 15 inn~ia: ~ Form 3D28 1/01