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2010U7483 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or prpceeding to be <br />dismissed with a ruling that, in I,ender's judgment, precludes forfeiture af the Property or other material <br />impairrnent of Lender' s interest in the Prpperty or rights under this Security InsCrument. 'I"he proceeds of <br />any award or clairn 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 />All Miscellaneaus Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Sorrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time fpr <br />payment or modi�cation of amortization af the sums secured by this Security Instrument 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 Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this 5ecurity Instrument by reason of any demand made by the original <br />Sorrower or any Successors in lnterest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, withput limitation, Lender' s acceptance af payments from third perspns, entities or <br />5uccessors 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 Saund. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to nraortgage, �;rant and convey the co-signer' s interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the surns secured by this Security <br />Instruznent; and (c) agrees that Lender and any other Bprrower 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 />co-signer' s consent. <br />Subject to the provisions of 5ection 18, any Successor in Interest of Borrower who assurnes <br />Borrower' s obligations under this Security Instrument in writing, and is apprpved by Lender, shall obtain <br />all of Borrower's rights and bene�ts 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 agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />]4. Laan Charges. Lender may charge Borrower 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 re�ard to any other fees, the absence af 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. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan 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 or to 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 rnay chaose 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 prepayxnent charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund made by <br />direct payznent to Barrower will constitute a waiver of any right of action Borrower might have arising out <br />of such pverCharge. <br />15. Notiees. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any natice to Borrower in connection with tl�is Security Instrument shall be deemed ta <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sant by other means. Notice to any one Borrower shall constitute notice to a11 Borrowers <br />unless Applicable Law expressly r�quires 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 Borrower' s change of address. If Lender specifies a procedure for reporting Borrower' s <br />change of address, then Borrower shall only report a chax�ge of address through that speaified procedure. <br />10-09-000003 <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />�-6�NE) (oe�t) Page 10 of 15 in���ais Form 3028 1/01 <br />� <br />