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20100"18'74 <br />acceleracion has occurred, reinstate as provided in Section 19, by causing Che action or proceeding to be <br />dismissed with a ruling tliat, in L.ender's judgment, precludes forfeiture of the Property or other material <br />impairment of I.�nder's interest in the Property or rights under this Security Instrument. The proceeds of <br />any awazd or clairn for damages that are attributable to the impairment of Lcnder's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellanepus Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance Sy Lender Not a Waiver. Extension of the time for <br />payrnent or modification of amortization of the sunr�.s secnred by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not opexate to release the liability of Borrower <br />or any Successors m Interest of Borrower. Lender sha11 not be required to commence proceedings against <br />any Successor in Tnterest of Borrower or to refuse to extend time for payment ar 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 Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or <br />rernedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the aanount Chen due, shall not be a waiver of or <br />preclude the exercise of any right ar remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Baund. Borrower covenants <br />and agrees that Borrower's obligatians and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not executs the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Se�curity Instrurnent; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that I.ender and any other Borrower can agree to extend, madify, farbear or <br />make any accommodations with regard ta the terms of this Security Instrument or the NoCe without the <br />co-signer's consent. <br />Subject to the provisions of Sectipn 1$, 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 Borrawer's rights and benefits under this Security Instrument. Borrower shaJ.l not be released from <br />Bonower's obligations and liabilicy under this Security Tnstrument unless Lender agrees to such xelease in <br />writing. The covenants and agreernents of this Security Instrument sha11 bind (except as provided in <br />5ection 2p) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Borrower fees for services performed in connection with <br />Borrower's default, for the purpase of protecting Lender's interest in the Property and rights under this <br />Security Instrument, inclnding, but not lirnited to, attarneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrawer shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrurnent 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 cannection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge co the permitted limit; and (b) any sums already collected frorn Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender xzaay choose to rnake 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 W�rr �e treated as a partial prepayment without any prepayment charge (whether ar not a <br />prepayrnent charge is provided for under the Note). Borrower's acceptance of any such refuand nr►ade by <br />direct payrnent to Borrower will constitute a waiver of any right of actian Borrower might have arising out <br />af such overcharge. <br />15. Not3ces. All notices given by Borrower or I,ender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deerned to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any ane Borrower shall constitute notice to all Bonowers <br />uanless Applicable I,aw expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower sha11 pramptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure far reporting Borrower's <br />change of address, then Banower shall only report a change of address th.rough that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mec UNIFpRM INSTRUM�NT <br />�-6�NE) 1oe111 Page 10 of 15 Initials: <br />� Form 302$ 9/09 <br />! , v , .......) . , �, R <br />� . • � R • ... d`� . • <br />