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�01007663 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or prnceeding t.o be <br />dismissed with a ruling fhat, in Lender's judgment, precludes forfeiture of the Property or other rnaterial <br />impairment of Lender' ti 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 innpairm�nt of Lender' s interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />A11 Miscellaneous Proceeds that are nat applied to restoration or repair of the Property shall he <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extensipn of the time for <br />payment or modi�cation of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any 5uccessor in Interest af Borrower shall not operatE ta release the liability of Barrower <br />or any Successors in interest of Barrower. Lender shall not be reyuired 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 surns secured by this Security Instrument by reason of any demand rnade by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without liznitatian, Lender' s acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount tkien due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. ,loint and Several Liability; Co-signexs; Successors and Assigns Bound. Borrower covenants <br />and agrees tha� Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs thi5 Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />5ecuriry Instrument only tp rnortgage, grant and convey the co-signer' s interest in t1�e Property under the <br />terrns of this 5ecurity Instrunnent; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that I.ender and any other Sorrower can agree to extend, modify, forbear or <br />xnake any accommpdations with regard to the terms of this 5ecurity Instrument or the Note without the <br />co-signer' s consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower' s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's riglats and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower' s obligations and liability under thia Security Instrument unless Lender agrees to such release in <br />writing. 7he covenants and agreements of this Security Instrument shall bind (except as provided in <br />5ection 20) and benefit th� successors and assigns of Lender. <br />14. Loan Char�es. Lender may charge Borrower fees for services perforzned in cannection with <br />Barrower' 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 regard to any other fees, the absence of express authority in this Security Inst� to charge a speci�c <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender rnay not charge <br />fees that are expressly prohibited by this Securiry Instrument or by Applicable Law. <br />If the Laan is subject to a law which seta maximurn 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 reduc�d by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any surns already collected from Borrqwer which exceeded permitted <br />lixnits wi11 be refunded to Borrower. Lender znay chaose to make this refund by reducing the principal <br />owed under the Nate or by making a direct payment to Bqrrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for undez the Note). Borrower' s acceptance of any such refund made by <br />direct payment ta Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />1S. Nptices. All notices given by Sorrower or Lender in connection with this Security Instrument <br />must be in writin�. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Sorrower's <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Praperty Address <br />unless Borrower has designated a substitute notice address by notice ta Lender. Borrower shall promptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure £or reporting Borrower' s <br />change pf addr�ss, then Borrower shall only report a change of address through that speci�ed procedure. <br />10-09-OOD018 <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMEN7 <br />�-6(NE) �oaii� Page 10 ot 15 Initials: � Form 3028 1101 <br />� <br />