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�Q10079�9 acceleration has occurred, reinstate as pravided in Section 19, by causing the action or proceeding to be dismissed with a ruling chat, in Lender's judgment, precludes forfeiture of the Paroperty or other material. impairment of Lender's interest in the Property or rights under chis Security Instnunent, The proceeds of any award or clairn for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to I.ender. All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Nat Released; Forbearance By Lender Not a Waiver. �xtension af the time for payment or modification of amortizatian of the sums secured by this Security Instrument granted by Lender co Borrower or any Successor in Interest of Borrower shall not opexate to release the liability of Borrower or any Successors in Tnterest of Borrower. Lender shall not be required to cornrnence proceedings against any Successor in Interest of Borrower or to refuse to extend tir�ne for payment or otherwise modify amortization of the sums secured by this Security Instnunent by reason of any demand nnade by Che original Borrower or any Successors in Interest of Barrower. Any forbearance by Lender in exercising any right or remedy including, withput limitation, Lender's acceptance af payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver af or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successo�rs and Assigns Boand. Barrawer covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrowex who co-signs this Security Instrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and canvey 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 tkxis Secu�ity Instrumenc; and (c) agrees that L.ender and any other Borrower can agree to extend, modify, forbear or make any accomrnodations with regard to the ternis of this Security Instrument or the Note vvithout the co-signer's consent. Subject to the provisions of Section 1$, any Successor in Interest of Borrower who assumes Borrower's obligations under chis Security InstrumenC in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrurnent. Borrovi+er shall not be released from Borrower's obligations and liability under this Security Instrurnent unless Lender agrees to such release in writing. The covenants and agreements of this $ecurity Instrument shall bind (except as provided in Section 20) and benefit the snccessors and assigns of L.ender, 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 Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any ather fees, the absence of express autharity in this Security Instrurnent to charge a specific fee to Bonowcr shall not b� canstrued as a prohibition on the charging of such fee. I.ender rnay 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 rnaximum loan charges, and that law is finally interpreted so that the interest or other loan charges callected or to be collected in connection with the L,�an exceed the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permicted limit; and (b) any sums already collected fronn Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a parti�l 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 Banower will constitute a waiver of any right of action Borrower rnight have arising out of such overcharge. I.S. Notices. All notices given by Borrower or �..ender in conzaection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have beBn given to Borrower when mailed by first class mail or when actually delivered to $orrower's notice address if sent by other means. Notice to any one Borrower sha11 constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shal.l be the Praperty Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify I.ender of Barrower's change of address. If I.ender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through thac specified procedure. NEBRASKA - Singla Family - Fannie Mael�reddi� MpC UNIFQRM INSTRUMENT �-g(�E) (0811) Page 10 of 15 Initigls: V Form 3028 1 /01 '� ��'�U►��►��