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2Q10��43� <br />acceleration has occurred, reinstate as prnvided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Froperty or other material <br />impairment of Lender's interest in the Property or rights under this 5ecurity Instrument. The proceeds of <br />any award or claim for 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 />A11 Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided far in Section 2. <br />12. Sorrower Not Released; �'orbearance By Lender Not a Waiver. Extension of the time for <br />payment or rnodification of amortization of the sums secured by this Sacurity Instrument granted by Lender <br />to Borrower or any Successor in Interest af Borrower shall not operate to release the liability of Borrpwer <br />or any 5uccessars in Interest of Borrower. Lender shall not be required ta commence proceedings against <br />any Successor in Tnterest of Borrower or to refuse to extend time for payrnent or atherwise rnodify <br />amortization of the suxns secured by this Security Instrument by reason of any demand made by the priginal <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without lunitation, Lender's acceptance of payments from 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 oar remedy. <br />13. Joint and Several Liability; Co-si�ners; Successors and Assigns Sound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be jaint and several. However, any Sorrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Insmunent only to mortgage, grant and convey the ca-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated ta pay the sums secured by this Security <br />Instrunnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear pr <br />make az�y accommodations with regard to the terms of this Security lnstrument or the Note without the <br />co-signer' s consent. <br />Subject to the provisions pf Section 18, any Successor in lnterest of Borrower who assumes <br />Borrower's obligations under this Sscurity Instrument in writing, and is approved by Lender, sha11 obtain <br />all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower' s obligations and liability under this Securiry Instrument unless Lender agrees to such release in <br />writing. The covenants and a�reements of this 5ecurity Instrument shall bind (except as provided in <br />5ection 20) and bene�t the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connectinn with <br />Borrower's default, for the puxpose of protecting Lender's interest in the Property and rights under this <br />Security Instrurz�ent, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In re�ard to any other fees, the absence of express authority in this Security Instrument to char�e a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Lpan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected ar ta be collected in connection with the Loan 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 sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choosa 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 prepayment charge (whether or not a <br />prepayrnent charge is provided for under the Note). Borrower' s acceptance of any such refund rnade 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 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 Sorrawer when mailed by first class mail or when actually delivered to Borrawer' s <br />notice address if sent by other means. Notice to any one Bozrower sha11 constitute notice to all Borrowers <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. Borrower shall promptly <br />notify Lender of Bonower' s change of address. If Lender speci�es a procedure for reporting Borrower' s <br />change of address, then Borrower sha11 only report a change of address through that speci�ed pracedure. <br />230911 <br />NEBRASKA - Single Family - Fannie M aelFreddie M ac UNIFORM INSTRUM EN7 <br />�-6�NE) (081�) Page 10 of 15 �nitia�s: � Fol'm 3028 1101 <br />� <br />