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2n������g <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in I,ender's judgment, precludes forfeiture of the Praperty or other material <br />impairment of Lender's interest in the Property ar rights under this Security Instrurnent. The proceeds of <br />any award or claim for daznages that are attributable ta 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 ar repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension af the time for <br />payment or modification of annortization of the sums secured by this Security Instn►ment granted by Lender <br />to Borrower or any Successor in Interest of Borrower sha11 nat operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. I..ender shall nat be required to cornrnence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or atherwise modify <br />amortization of the surns secured by this Security Instrument by reason of any dernand xnade by the original <br />Borrower or any Successors in Interest of Barrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borcower or in amounts 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 Several Liability; Co-siguers; Succesaors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />ca-signs Wis Security Instrument but dnes nat execute the Note (a "co-signer"): (a) is co-signing chis <br />SecuriCy Instrument only to mortgage, 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 sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrowex can agree to extend, modify, fprbear ar <br />make any accommodations with regard to the terms of this Security Instrument or Che Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assurnes <br />Barrower's abligations under this Security Instrurnent in writing, and is approved by L.ender, shall obtain <br />a11 of Borirower's rights and benefits under this Security Tnstrument. Borrower shall not be released farom <br />Borrower's obligations and liability under this Security Instrument uxiless Lender agrees to such release in <br />writing, The covenants and agreernents of this Security Instrument shall bind (except as pravided in <br />Section 2Q) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender rnay charge Borrower fees for services performed in cannection with <br />Borrower's default, for the purpose of protecting L.ender'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 Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender znay not charge <br />fees that aze expressly prohibited by chis Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximurn loan chaz�ges, and that law is �nally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Laan exceed the <br />permitted limits, 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 callected from Borrower which exceeded permitted <br />lirnits will be refunded to Borrower. L,ender may choose to malce this refund by reducing the principal <br />vwed 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). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have azising out <br />of such overcharge. <br />15. Notices. All notices given by Boz�rower or Lend�r in connection with this Security Instrument <br />rnust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deerned to <br />have been given ta Borrower when mailed by first class mail or when actually delivered to Borrawer's <br />notice address if senc by other means. Notice to any one Borrower shall constitute nocice to all Borrowcrs <br />unless Applicable Law expressly requires otherwise. The natice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Bonower's change of address. If Lender speci�es a procedure for reporting Borrower's <br />change of address, then Borrower shall anly report a change of address through that speci�ed procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B(NE) �osi i� Page 10 of 16 inieiais: Form 3028 7101 <br />� <br />�� �� <br />,'a i � � � # 4 � •�` 1 f e� <br />