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2oioa7�i5 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action ar proceeding to be <br />dismissed with a ruling that, in Lendez''s judgment, precludes forfeiturc of [he Property or other material <br />in:�pairment of Lender's interesl in ths Property or rights under this Securily Instrument. 1`he proceeds of <br />any award or claim for damages that are attributable to the impairment ot' Lender's inter�st in the Praperty <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not appli�d to restoratian or repair of the Praperty shall be <br />applied in the order provided for in 5ection 2. <br />12, Borrower Nok Released; Forbearance By L�nder No# a Waiver. Extension of the ti�me far <br />paym�nt or modification of amarlizatian of the sums secured by this Security Instrurnent granted by Lender <br />to Barrawer ar any Succcssor in Intexest af Borrower shall not operate lo release the liability of Borrower <br />ur any Successors in Tnterest aF Barrower. I,.ender shall not be required to camrnence proceedings against <br />any Successar in Interest of Borrower or ta refus� to extend time for payment or olherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any dcmand made by the original <br />Barrawer or any Successc�rs in Interest of Borrower. Any forbearance by Le:nder in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third �ersans, �ntities ar <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver af ar <br />preclude the exercise of any ri�hC ar rernedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower cav�nants <br />and agrees that Borrower's ohligatiaus and liability shall be joint and sevcral. However, any Borrower who <br />ca-signs this 5ecurity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrurn�nt only to mortgage, grant and canvey the co-signer's interest in the Praperty under the <br />terms of this Sccurity Instrument; (b) is not personally obligated to pay the sums secured by this S�curity <br />Instrument; and (c) agrees [hak Lender and any other Borrower can agree ta extend, modify, forbear or <br />ri[xake any accommodations with rsgard to the terms of this Security Instrument ar the Note without the <br />co-signer's consent. <br />Subj�ct ta ths provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Barrawer's obligations undcr this Security Instzvment in writing, and is approved t�y I.,ender, shall obtain <br />all of Borrower's rights and benefits under this Security Instrument. Borrower shall not b� rel�ased fram <br />Borrower's obligatians and liability under this Security Instrument unless I.ender agrees to such release in <br />writing. The cov�nants and agreements of this Security Inslrum�nt shall bind (except as provided in <br />Section 2U) and benefit lhr: successars and assigns of Lender. <br />14. Laan C:harges. L.ender may charge Borrowtr fe�s far services performed in connection with <br />Borrower's default, for the purpose of protecting I.cnd�r's interest in ttie Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, khe absence of express authority in this Sccuariky Instrument to charge a specific <br />fee ta Borrower shall not be conslrued as a prohibition on the charging of such fee. I.end�r may not charge <br />fess that are expressly prohibit�d by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which s�ts maximum loan charges, and that law is finally interpret�d sa <br />that the interest or other loan charges collected or to be collected in connectian with the I.oan exceed the <br />permitted limits, lhen: (a) any such loan charge shall be reduced by th� amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected frarn Borrower which exceeded permitted <br />limits will be refunded to Barrawer. I,ender may choose to make this refund by reducing lkae principal <br />awed under the Note or by making a direct payment to Borrower. Tf a refund reduces principal, tb� <br />reduction will b� treated as a partial prepayment withaut any pr�payment charge (whether or not a <br />prepayment charge is provided for under the Notc). B�rrow�r's acceptance of any such refund made by <br />direct payment to Borrpwer will constitute a waiver of any right of action Borraw�r might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or T.ender in connection with this Security Instrnment <br />must be in writing. Any notice to Bartawer in cannection with this Security Instrument shall be deemed to <br />have been given to 13orr�wer wh�n znailed by first class mail or when actually delivered to Bonower's <br />natice address if sent by other means. Notic� to any c�ne Barrawer shall canstitute notice to all Borrowers <br />unless Applicable I,aw expressly requires otherwise. 'lfie notice address shall be the Prup�rty Addrr:�s <br />unless Borrower has designated a substitute notice address by notice to I.ender. Borrower shall promptly <br />notify Lender of Borrowcr's c:hang� af address. If I,ender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall anly r�part a change af address through,that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUME T <br />�-6�NE) loei � 1 Paqe 10 of 16 initia Form 3028 1/09 <br />