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�01008150 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action ar proceeding to be <br />dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairrnent 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 restaration or repair of the Froperty shall be <br />applied in the order provided for in Section 2. <br />12. Sorrower Not Released; Farbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrawer or any Successor in Interest of Borrower shall nat operate to release the liability of Bozrower <br />or any Successors in Interest of Borrower. Lender shall noC be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend tirne for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reasan of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any farbearance by Lender in exercising any right ar <br />rernedy including, without lirnitation, Lender's acceptance of payments frpm third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, sha11 not be a waiver of or <br />preclude the exercise af any right or remedy. <br />13. Joint and Several Liability; Cn-si�;ners; Successors and Assigns Sound. Borrawer covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrawer who <br />co-signs this Security InstrumenC but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrumeant only to mortgage, g�'ant 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 sums secured by this 5ecurity <br />Instrument; and (c) agrees that Lender and any other Borrowar can agree to extend, modify, forbear or <br />make any accarnrnodations with regard to the terms of this Security Instruxnent or the Note without the <br />co-signer' s consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Barrower 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 Security 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 a�reements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />]4. Loan Charges. Lender znay charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose af 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 5ecurity Instrurnent to charge a specific <br />fee to Borrower 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 connectian with the Loan exceed the <br />pezxnitted limits, then: (a) any such laan charge shall be reduced by the amaunt necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrawer which exceeded permitted <br />limits will be refunded ta Borrower. Lender may choose to make this refund by reducing tY�e 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 prepayxnent without any prepayment charge (whether or not a <br />prepayment charge is pravided for under the Note). Borrower' s acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower rnight have arising out <br />of such avercharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this 5ecurity 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 Sarrower when mailed by first class mail or when actually delivered to Eorrawer' s <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless ,Borrower has designated a substitute notice address by nptice to Lender. Borrower shall promptly <br />notify Lender of Borrawer' s change of address. If Lender specifies a procedure for reporting Borrower' s <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />230949 <br />NEBRASKA - 5ingle Family - Fannie M aelFreddie M ac UNIFpRM INSTRUM ENT <br />�-6�NE) �oeii> Pege 10 of 15 in�nais: _ Form 3028 1/p1 <br />� <br />