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201007343 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Fender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or 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. 12. Borrower Not Released; Forbe~urance By Lender, Nut a Waiver. Extension of the time for payment or modification of amortizatiou`of the sums secured by this. Security ~t granted by Lender to Borrower or any Successor in Iatet~est-of 13orrovyer shall atot operate to release the liability of Borrower ar any Successors in Interest of Borrower: Lender shall'~not be .required to ~prnmPnrp pmceedmgs against any Successor in Interest of BorrovveK or to refuse to extend time for payttient or otherwise modify amortization of the earns secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower... Airy forbearance by Lender in exercising any right or remedy including, without limitation, Lender's ,acceptance of payments from third persons, entities or Sticcessors in Interest of Borrower or in amounts 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 Liability; Co-signers; Successors anti Assign Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower whn co-signs this Security Instnimant but does not execute the Note (a "co-signer"): (a) is co-signing .this Security Instrument only to x~rtgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instntmettt; (b) is not personally. obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make arty accommodations with regard to the terms of this Security Instrument or the Note without the ce-signer's consent. 3`~tbject to the provisions of Section 18, any Successor in Irnerest of Borrower who assumes Borrower's obligations under this Security Instrument 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 Instrwppent unless Lander agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the succe$sors and assigns of Lander. 14. Lana Charges Lender may charge Borrower foes for services performers in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but ~t limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express anthority in this Seaurity Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lander may not charge fees that are expressly prohibited by this Security Instrument 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 to be Collected in connection with the Loan exceed the permitted limits, then: (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 Harrower which exceeded permitted limits will be refunded to Borrower. Lander may choose to make flue refund by reducing the principal owed under the Note or by malting a direct paymcet to Horrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment clt,arge (whether or not a prepayment charge is provided for under the Note). Borrower'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. Notloes. All notices given by Harrower or Lander in connection with this Security Inshvment must be in writing. Any notice to Borrower in connection with this Security Inrtrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivet~ed to Borrower's notice addtsess 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 Borrower has designated a substitute notice address by notice to Lander. Borrower shall promptly notify Lander 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. NEBRASKA -Single Family - Farmia Mea/FnddN Mac UNIFpRM INSTRUMEM. ~ ~ -BINEI roaiil rape toot ~s Irk: ,,..~ Form 3Qx8 1/01