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201 oos224 <br />acceleration has occurre�, rei�,state as provided in Section 19, by c.at�sing the action or proc�ding to be <br />dismissed with a niling t�at, in Lende�r's judgrnent, precludes farfeiture of the Prnperty or atiier matenial <br />ixnpairment of L.cnder's interest in the Property or rights under tlus Security Instxument. The proceeds of <br />any award or claim far da�mages that are attributable to the impairiment of I.ender's intecest iin ths Property <br />are hcreby assigned and shall be paid W I,,.ender. <br />All Miscellacbeous Prvc:ce�s that ane not applied to restoration or repair of the Property sha11 be <br />applied in the arder provided far in SecUion 2. <br />12. Borrnwer Not Re1�ed; Forbearanoe By Leadc� Not a Waiver. Extension of the time for <br />payment or rmodification of atnortizati�on of the sunqs secut�ed by this Secunity Instru�t�n� gra�ted by Le�der <br />w Borrowex or any Sucxessor in Interest of Horrower shall not operate to rclease the liability of Borrnwer <br />or any S�sors in Ynterest of Borrower. I.ender s�hall not be required to commence proceedings against <br />any Successor in Intereast of Bo�nrower or W�fuse to eatend time f�r payu�ent or othexwise modify <br />amortizarion of the sums secured by t�is Security Instrument by reason of ar�}+ demand madc by the original <br />Borrower or any �cocssors in Interest of Horrower. Any forbeara� by L�ender in ezercising any right or <br />remedy including, without limitation, L�er's acoeptance of payments from third persons� entities ar <br />Sucxessors in Interest of Horrower or in aYnaw�ts le.ss than the amount thcn due, shall not be a waiver of or <br />pmecltxde the e�rcise of any right or z�edy. <br />13. doint and Scveral Llabilit,y, Co�i�ers; Suc�ssor� and A�tgns Bottnd. Borrower cavenants <br />and agrees tbat Borrower's obligatians and liability shall be joint and saveral. However, any Borrower who <br />co-sig�ns this Security Ynstn�ent but dce.a not exe�ute the Note (a "co-signer"): (a) is ca-signing t�s <br />Security Instrun�et�t oniq to martgage, gt�ant and convey the co-signer's int�est in the Property under the <br />tenns of this Security Instnux�pt; (b) is ;aot personally obligated to pay the sutns sect�ned by this Se�urity <br />Inst�n�ment; and (c) agrees that T�der and any other Borrower can agree to extend, madiiy, forbear or <br />make any accomnwdations with regand to the tenms of this Security Instrurnent ar the Note withaut the <br />co-signer's consent. <br />subject to the pravisiona of Sect�inn 18, any Succes,aor in Intes�st of Borrower who assumes <br />Borrower's obligations unde�r this Security Instnunent in writing, and is appraved by L�ender, shall abtain <br />all of Borrovver's rigbts and bene�its under this Secunity Insnument. �ornower sha11 �t be released from <br />Borrower's obligations and lisbility utyder tWs Security Inshvment unle� L,ender agre�s to such release in <br />writing. The oov�ants and agre�ocnts of this Security Instrument shall bind (except as provided in <br />Section 20) and b�nuefit the sua�ssors and aasigns of Lender. <br />14. I.osn C�arges. Y.ender may charge Bo�rrowcr fees for �rvices performed in cannection with <br />Borcower's default, for thc purpose of prate�ing I ender'a interast in the Property a� rights under ttxis <br />SecuritY Yn�ument, including, but n�t limited to, attorneys' fces, Properi3' inspection and valuation fee�. <br />In regard to any other fees, the absence of express autharity in t�iis Se.curity Instrument to charge a speci�ic <br />fee to Borrovwer shaU not be construed as a prohibition on the charging of s�h fee. L,e�der may nat charge <br />fees that are cxpressly �rohibited by t,his Security Instrunaent or by Applica6le Law. <br />If the Loan is subaect to a law which sets maximum loan charges, and that law is finally interpreted so <br />that t�e unterest or otl�er loan charges aol(ected or to be oollected in counection with the L.oan exceed the <br />permrtCaci limits� thcu: (a) any sucb loan �arge shall be reduce� by the a�attnt ne�cssary W re�uce the <br />cl�arge to th� permitted limit; and (b) any sums already collecte� from Borrower which eaceeded pernutted <br />linauts will be refunded to Horrower. Lendcr may choose to make this refi►nd by re��ing the pri�ncipal <br />avved und� the Notc or by making a dire�ct paym�nt to Bormwer. If a refiuui re�uces principal, the <br />reduction will be treat�d as a partial prepayment without any P�Y� �S� (�� or not a <br />P�PaY� �'SB is pravided for under thc Notc). Borrower'a acce�Can� of any s�u� refund naiade by <br />direct pay�ent W Borrower vv�i1� constitute a waiv�r of any right of action Barrower might have arising out <br />of sucli avcrcharge. <br />15. Nodces. All t�tices giv�n by Barrower or L�ender in conn�c,rtion with this Sccurity Instnimcnt <br />must l�e in wri�ting. Any nocice to Bormwer in conne�tion with tlais Security Instrwnent sha�l be decm,ed to <br />have baen give� to &�rrower wb�ein mailed by first class mail or when actually delivererl to Harrowe�r's <br />n�otice address if sent by other means. Notice to any one Barrowcr shall wnstitutB noace to all Bornow�ecs <br />uxile�s Applicable Law expre�sly requires otherv�►ise. The notice address sbal,l be the Property Address <br />unless Horrower has designated a substitute t�ntice address by tmtic� to Lender. Borrawer sha11 promP�Y <br />notify I.�der af Borrower's change of address. If I.ender specifies a pracedure for reporting $orrower's <br />change of address, thca Borrovver shall ody report a change af address thcough thait speci�ed piocedure. <br />NEBRASKp - 5ingle Family - F�nis Mas/Freddfs Mec UNIFORM INSTRUMENT <br />�-BIN�) roa�u r�e �o ��s irrnw: Farm 3028 7/01 <br />