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201008191 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture o£ the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender' s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance Sy Lender Not a Waiver. Extension of the time for payment or modi�cation of aanortizatian of the sums secured by this Security Instrument granted by Lender ta Borrower or any Successor in Interest of Borrow�r sha11 not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to cornmence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizatipn of the sums secured by this Security Instrument by reason of any demand made by the original Sorrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitatian, Lender' s acceptance of payments fram third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise af any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Sound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Sorrower who ca-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrunaent anly to mortgage, grant and convey 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 this Security Instrument; and (c) agrees that Lender and any other Borrower can a�ree to extend, modify, forbear or rnake any accommodations with regard to the t�rms of this Security Instrument ar the Note without the co-signer' s consent. Subject to the provisions of Section 18, any 5uccessor in Interest of Bprrower who assumes Borrower' s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower' s rights and benefits under this Security Instrument. Barrower shall not be released from Barrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrurnent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Barrower 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 re�ard to any other fees, the absence of expres5 authority in this Security lnstrument tn charge a speci�c fee to Borrower shall not be construed as a prphibition on the charging of such fee. Lender may not charge fees that are expressly prohibited hy this 5ecurity lnstrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charg� shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal pwed under the Note or by making a direct payment ta Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayznerat 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 Sorrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrovver or Lender in connection with this Security Instrument must be in writin�. Any notice to Borrower in connection with t1�is Security Instrument shall be deemed to have been given to Barrower when rnailed by first class mail or when actually delivered to Borrower' s natice address if sent by other means. Notice to any one Borrower shall constitute notice to all Sorrowers unless Applicable Law expressly requires otherwise. The notice address shall be the 1'roperty Address unless Borrower has desi�nated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Bocrower' s change af address. If Lender specifies a procedure for reporting Borrower' s change of address, then Borrower shall only report a change of address through that specified procedure. 10-09-000048 NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM IN5TRUMENT (� �-6�NE) (oe� �) Page 10 of 15 �nitia�s. � C� FOrm 3028 1/01 �