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2�1uu�3s� <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 L,Qnder's judgment, precludes farfeiture af the 1'roperty or other rnaterial <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment of I.ender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoracion or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time far <br />payment or rnodification of arnortization of the sums secured by this Security Instrurnent granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify <br />arnortization of the sums secured by chis Security Instrument by reason of any demand m.ade by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by L.ender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from chird persons, entities or <br />Successors in Interest of Borrower or in arnounts 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 cavenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrurnent but does not execute the Note (a "ca-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in Che Praperty under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrurnent; and (c) agrees that Lendear and any other Barrower can agree to extend, mod'zfy, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Sectian 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is appraved by Lender, shall obtain <br />all pf Borrawer'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 covenants and agreemencs of this Security Tnstrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrawer fees for services performed in connection 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 not limited to, attorneys' fees, property inspection and valuation fees. <br />In regazd to aany ocher fees, the absence of express authority in this Security Instrument to charge a speci�c <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. I.ender may not charge <br />fees that are expressly prohibited by this Security Instrument ar by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is �nally interpreted so <br />thac the interest or other loan charges collected or to be collected in connection with the L.oan 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 permitted limit; and (b) any surns already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. I.ender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any pxepayment charge (whether or not a <br />prepayzx�ent charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver af any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrurnent shall be deemed to <br />have been given to Borrower when mailed by �rst class mail or when actually delivered to Borrower's <br />natice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. 'I'he notice address shall be the Froperty Address <br />unless Borrower has designated a substitute notice address by notice ta I.Ender. Borrower shall prornptly <br />notify Lender of Barrower's change of address. If Lender speci�es a procedure for reporting Barrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />� <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFpRM INS7RUMENT `y� <br />�-6�NE) 108��1 Paae io or i5 i�mais: Form 3028 1/01 <br />�� y ; d �.. e I'� ,. <br />