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�0104�82G <br />acceleration has occurred, reinstate as provided in Section 19, by causing th� action or proceeding to be <br />dasmissed with a ruling that, in Lender's judgment, precludas forfeiture of the Properiy or other material <br />impairment of Lender's interest in the Property ar rights under this Security Instcument. The proceeds of <br />any award or claim fnr damages that are attxibutable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Sectian 2. <br />12. Borrower Not Released; Forbearance By Lender Not a W�iver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Bprrower or any Successor in Interest of Horrawer shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Bonrower or to rafuse to extend time for payrnent or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successprs in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, withput limitation, Lender's acceptance of payrnents from third persons, entities or <br />Successors in lnterest of Botrower or in amaunts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Sever�l Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrawer's obligations and liability shall be joint and several. However, any Borcower who <br />co-signs this Security Instrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />5ecurity Instrurrient only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this 5ecurity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard ta the terms of this Security Instrument ar the Note without the <br />co-signer's consent. <br />Subject to the provisions of Sectian 18, any Successor in Interest of Bort'ower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this Secunity Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as pravided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in cozuiection with <br />Borrower'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�ument to charge a specific <br />fee ta Borrower shall not be construed as a prohibitian an the charging of such fee. Lender rrxay not charge <br />fees that axe expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum 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 I.oa.n exceed the <br />permitted lirnits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borxower which exceeded permitted <br />limits will be refunded to Box Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. 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 under the Note). Borrawer' s acceptance of any such refund made by <br />direct payment to Borrower will canstitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection. with this Security Instrument <br />must be in writing. 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 ar when actually delivered to �orrower' s <br />notice address if sent by other means. Notice to any one Borrowar shall constitute notice to all Barrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Properiy Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Borrower' s <br />change of address, then Barrower shall only report a change of address through that specified procedure. <br />230929 <br />NEBRASKA - 5ingle Family - Fannie M as/Freddie M ac UNIFORM INSTRUM ENT�_ ' /� / ' rr � <br />� -6�NE) �oe��> Pape 10 of 15 In �le�[�� / "� Form 3D28 11D1 <br />� / �'— <br />