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2oioo�4s5 dismissed with a ruling that, in Lender'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 for damages that are attributable to the impairment of Lender's interest in the Property aze 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 Nat Released; Forbearance Sy Lender Not a Waiver. Extensian of the time for payrnent or modification of amortization of the sums secured by this Security Instrument granted by I,ender to Borrower ar any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be requirsd ta comrnence praceedings against any Successor in Interest of Borrower or to refuse to extend time for payrnent or otherwise modify amortization af the surns secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right ar remedy including, without limitatian, Lender's acceptance af payments fram third persons, entities or Successors in Interest of Borrower or in arnounts 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 and A.ssigns Baund. Borrower cavenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Froperty under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that L.ender and any othsr Barrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument ox the Note without the co-signer's cansent. Sub�ect to the provis'rons of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is appraved by L.ender, shall obtain all af Borrower's rights and benefits under this Security Instrument. Sorrower shall not be released fram Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The cavenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of I.ender. 14. Loan Charges. Lender may charge Borrower fees for services performed 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 not limited to, attorneys' fees, property inspection and valuation fees. Tn regard to any other fees, the absence of express autharity in this Security Instrument to charge a specific fee to Borrpwer shall not be canstrued as a prohibition on the charging of such fee. Lender may not charge fees that are exprsssly prohibited by this Security Tnstrument or by Applicable Law. If the L.aan is sub�ect to a law which sets maximurn 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 L.oan exceed the perxnitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lirnit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. I,ender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chaxge (whether or not a prepayrnent charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment ta Borrower will constitute a waiver of any right of action Borrower mighC have arising out of such overcharge. 15. Notices. All notices given by Borrower ar Lender in connection with this Security Instrurnent must be in writing. Any notice to Borrower in connectian with this Security Instrument shall be deemed to have been given to Borrower when rnailed by first class rnail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwisa. The notice address shall be the Property Address unless Borrower has designaCed a substitute notice address by notice to Lender. Barrower shall promptly notify Lender of BarrAwer's change af address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall anly report a change of address through that spscified procedure. NEBRASKA - Single Family - Fennie Maa/Freddie Mac UNIFORM INS7RUMENT W �-6AINE) �oa�oi Pege 10 of 15 �n�t�a�s: Form 302$ 9/01 �� II�� I�� I�� II� �� ' g0322S224911 0233 364 1015