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20104�713 acceleration has occurred, reinstate as provided in Section 19, by causing the action pr proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Properiy or rights under this Security Instrument. '["he proceeds of any award or claim for damages that are attributable to the impairmenc of Lender's interest in the Property are hereby assigned and shall be paid to L�nder. All Miscellaneous Proceeds that are nnt applied to restoration ar repair of the Praperty shall be applied in the order provided for in Section 2. 12. Sorrower Nat Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amvrtization of the sums secured by this 5ecurity Instrument granted by Lender to Borrower or any 5uccessor in Interest of Borrower shall not operate to release the liability of Eorrower or any Successors in Interest of Borrower. Lender sha11 not be required to commence proceedin�s against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason vf any demand xnade by the original Borrower or any Successors in Interest of Borrower. Any fprbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptanc� of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the annount than due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successars and Assigns Bound. Borrower covenants and agrees that Sorrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this 5ecurity Instrument but does not execute the Note (a "co-signer"): (a) is co-signin� this Security �nstrument only to mortgage, �rant and convey the co-signer's interest in the Property 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 Lender and any other Bonower can agree to extend, madify, forbear or malce any accommodations with regard tn the terms of this Security Instrument or the Npte without. the co-signer' s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assurnes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shal] obtain all of Borrower's rights and benefits under this Security Instrument. Borrower sha11 not be released frozn Barrower's obligations and liability under this Securiry Instrument unless Lender agrees to such release in writing. The covenants and agreements of tlus Security Instrument shall bind (except as provided in 5ection 20) and benefit the successprs and assigns of Lender. 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 Instiument, including, but nat lirnited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument ta charge a speci�c fee to Borrower shall not be epnstn►ed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other lpan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduc�d by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Sorrower which exceeded perrnitted li�mits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed undar the Note or by making a direct payment to �orrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1S. Notices. All notices given by $orrower or Lender in connection with this Security Instrument must be in writing. Any notice to Eorrower in connection with this Security Instrument shall be deemed ca have been given to Borrower when mailed by first class mail or when actually delivered to Eorrower' s notice address if sent by other means. Notice to any ane Borrower shall constitute notice co all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute natice address by notice to Lender. Sorrower shall promptly notify Lender of Borrower' s change of address. If Lender specif es a procedure for reporting Borrower' s change of address, then Borrower shall only report a change of address through that specified procedure. 230930 NEBRASKA - Single Family - Fannie M aelFreddie M ac UNIFORM INSTRUM ENT � �-6�NE��oaii� PagelQofl5 Initials: F01'IT1302$ 1/01 �