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2oioo$o4s <br />acceleration has occurred, reinstate as provided in Section 19, hy causing the action ot ptoceeding to bc <br />dismissed with a ruling that, in Lender's jud�;ment, precludes £orfeiture of tl�e Property or other material <br />irnpairment of Lender's interast in the Property or rights under this Security Tnstrument. The proceeds of <br />any award ar claim for darnages that are attributable 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 £or in Section 2. <br />12. Bnrrower Nnt Released; Farbea:rance By Lender Not a Waive�r. Extension of the time Fur <br />payment or modification of amortization of the surns securcd 6y this Security Insirument granted by Lender <br />to Borrower or any Successor in Interest of 13onrower shall not operate to rclease the liability of ]3orrower <br />or any Successars in Interest of Borrower. Lender shall nat be required to coxnmenceproceedings against <br />any Successot in Intetest of Sotrower or to refuse to extend time for payment or otherwise modify <br />amortization nf the sums secured by this 5ecurity Instrument by reason of any demand made by the original <br />Borrower or any Suecessors in Interest of Bortowet. Any forbearance by Lender in exercising any right or <br />remedy including, without liamitation, Lendex acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts lass than ihe amount then due, shall not be a waiver of or <br />preclude the exercise of any right or rernedy. <br />13. Juint and Several Liability; Co-signers; Successors and Assigns Bound. IIorrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower wha <br />co-signs this Security Instrur►aent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to martgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the suYns secured by this Security <br />Iustrument; and (c) agrees that Lender and any other Sorrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of thiG Security Instrument or the Notc without the <br />ca-signer's consent. <br />Subject ta the provisions of Section 18, any Successor in Interest of Borrowcr who asswnes <br />Borrower's obligatians under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of F3orrower'S rights and benefits under this Security Instnunent. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />wtiting. The covenants and agreements of this Security Instrument shall bind (except as pravided in <br />Section 2Q) and benefit the successors and assigns of Lender. <br />14. Loan Char�es. Lender may charge Borrower fees for services performed in connection with <br />Bottowet's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instnunent, including, but not limited to, attorneys' fees, property inspection and valuation feas. <br />In regard to any ather fees, the absence of expreGS authority in this Security Inytrument tn charge a speci�c <br />fee to Bortower shall not be construEd as a prohibition on the chargang of auch fee. Lender may not charge <br />fees that are exptessly ptohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan char�es, and that law is finally interpreted so <br />that the interest or othcr loan chargeG collected or ta be callected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by ihe amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already cnllected fram Borrower which exceeded permitted <br />limits will be refunded to Iionower. Lender may choose tn make this refund by reducing the principal <br />awed under the Note or hy making a direct payment to Bnrrower. Tf a refund reduces principal, ihe <br />reduction will be 1.reaied as a partial prepayment without any prepayment charge (whether or not a <br />prcpayment charge is provided for under the Note)_ Borrower's acceptance of any such refund made by <br />ditect payment to T3orrower wi11 constitute a waiver of an.y right of action Borrower inight have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connectian with this Security Instrument <br />must be in writing. Any nolice to Borrower in connection witli this Security Instrument shall be deemed to <br />have been given to Bottower when mailed by first class mail or when actually delivered to Botrower'� <br />notice adrlress iF sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />uniless Applicable Law exptessly requites otherwise_ The notice address shall be the Ptoperty Address <br />unless I3orrowet has designated a substitute notice address by nntice tn Lendet. BorroWer shall ptomptly <br />notify Lender oF I3orrower's change af address. If Lendet specilie5 u procedure for reporting Borrower's <br />changc of address, then Borrower shall nnly report a change of address through that specit"ied ptocedi�re. <br />N�BRASKA- 5ingle Family - FannieMae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) �os��� Page 10of15 in�t�sig: Form 3028 7/01 <br />