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2oiooo7si <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Leader's judgment, precludes forfeiture of the Property or other material <br />unpairment of Lender's interest in the Property ar rights under this Security Instrument, The proceeds of <br />any award or claim fax damages that. are attributable to the impairment. of Lender's interest in the .Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied. to restaratian ar repair of the Property shall be <br />applied in the order prodded far in Section 2. <br />12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or rnadification of amortization of the sums secured by this Security lnstrument granted by Lender <br />to Harrower ar any Successor in interest of Borrower shall not operate to release the liability of Borrower <br />ar any Successors to Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Harrower or to refuse to extend time far payment or otherwise txiodify <br />amortization of the. sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successsars in Interest of Borrower. Any forbearance by Lender in exercising any right ar <br />remedy including, without limitation, Lender's acceptance of payments fratrt third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Bonawer who <br />ca-signs this Security Instrument but does not execute the Note (a "co-signer"}: (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the ca-signer's interest in the Property under the <br />textns of this Security Instrument; (b) is oat personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />ca-signer's consent, <br />Subject to the provisions of Section 1$, any Successor in Interest of Borrower who assumes <br />Harrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />alt of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The eoaenants and agreements of this Security instrument shall bind (except as provided in <br />Section ZO) and benefit tlae successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees fox services performed in cannectian with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but oat limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />Fee to Borrower shall oat be construed as a prohibition on the charging of such fee. bender may not charge <br />fees that are expressly prohibited by this 5ecttrity Instrument or by Applicable Law. <br />If the Laan is subject to a law which sets maximum loan charges, and that law is finally interpreted sa <br />that the interest ar other loan charges collected ar to be collected in connection with the Laan exceed the <br />permitted limits, then, (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the perrrtitted limit; and (b) any sums already collected from Harrower which exceeded permitted <br />limits will be refunded to Harrower. Lender may choose to make this refund by reducing the principal <br />awed under the Nate ar by making a direct payment to Borrower, If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or oat a <br />prepayment charge is provided far under the Nate)- Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Barrawer ar Lender in connection with this Security Instrument <br />must be in writing. Any notice to Barrawer in connection with this Security Instrument shall be deemed to <br />have been given to Harrower when mailed by first class txtail or when actually delivered to Borrower's <br />notice address if sent by other means. Native to any one Barrawer shall constitute notice to all Harrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Barrawer shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure far reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />~NE~ByRASKA -Single Family _ Fannie MaelFreddie Mao UNIFORM tNS'rRUMEN7 <br />~JYIr -~{NEl (081 1 i Page 10 pt t 5 InitialB: Form 3tl28 1 lU 1 <br />