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20100773G acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's _iudgznent, precludes forfeiture of the Property or other material impairm�nt of Lender's interest in the Property or rights under this Security Instrunient. The praceeds af any award or claim for damages that are attributable to the ixnpairxnent of Lender's interest in the Property are hereby assigned and sha11 be paid to Lender. All Miscellan�ous Proceeds that are not applied to restoration ar repair of the Property shall be applied in the order provided for in Section 2. 12. Sorrower Not Released; Forbearance Sy Lender 1Vot a Waiver. Extension of the time for payment or modification qf amartization of the sums secured by this Security Instiument granted by Lender ta Barrower or any Successor in Interest of Borrower sha11 nat operate to release the liability af Borrower or any Successors in Interest pf Borrower. Lender shall not be required to cammence proceedings againsi. 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 reasan of any demand made by the original Barrpwer or any Successors in Interest of Borrower. Any farbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance of payments from third persons, entities pr Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise o£ any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Bor►'ower'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 Instriuxient only to mortgage, grant and convey the co-signer's interest in the Property under the ter�ns af thi5 Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, rnodify, forbear pr make any accommodations with regard to the terms vf this 5ecurity Instrument or the Note withput the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Barrower's rights and benefits under this Security Instrument. Barrower shall not be released from Borrower's obligations and liability under this 5ecurity Instrument unless I,ender agrees to such release in writing. The covenants and agreements of this 5ecurity Instrument shall bind (except as provided in Section 20) and bene�t the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose af protecting Lendar's interest in the Property and rights under this Security Instrument, including, but not lirnited to, attorneys' fees, property inspection and valuation faes. Tn regard to any other fees, the absence of express authority in this Security Instrument ta charge a specific fee to Borrower shall not be construed as a prohibition on the chargir►g of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Laan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan chat'ges collected or to be collecCed in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pez'mitted limit; and (b) any sums already collected from Sorrower which exceeded permitCed limits will be refunded to Bprrpwer. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Sorrower. If a refund reduces principal, the reduction wi11 be treated as a partial prepayment without any prepayrnent charge (whether or not a prepayrnent charge is provided for under the Note). Borrower' s acceptance of any such refund made by direct payment to Borrower will cor►stitute a waiver pf any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Barrawer or Lender in connection with this Security Instrument must be in wtiting. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower' s notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Bc�rrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Adda unless Borrower has designated a substitute notice address by natice co Lender. Borrower shall promptly notify Lender of Borrower' s change of address. If Lender speci�es a procedurc for reporting Horrower' s change of address, then Borrower shall only report a change of address through that specified procedure. 230927 NEBRASKA - 5ingle Family - Fannie M ae/Freddie M ac UNIF'ORM INSTRUM ENT �-B�NE) (os�t) Page 10 of 15 Initials: � Form 3028 1/01 �