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2 U1048338 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in T.,ender's judgment, precludes forfeiture of the Property or other nnaterial impairment of L,Qnder's interest in the Property or rights under this Security Instrurnent. The proceeds of any award or claim for darnages 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 By Lender Not a Waiver. Extensian of the time for payment or modification of amortization af the sums secured by this Security Instrument granted by L.ender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in InteresC of Borrower or to refuse to extend tirne for payment or ottierwise modify arnortization of the sums secured by this Security �nstnunent by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any foxbearance by Lender in exercising any right or remedy including, withaut limitation, Lender's acceptance of paym�ents from third persons, entities or Successors in Tnterest of Barrawer or in amounts less than the amount then due, shall not be a waiver of ar preclude the exercise of any right or remedy. �.3. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and canvey the co-signer's interest in the Froperty under the terms of this Security Instrurnent; (b) is not personal.ly obligated ta pay the sums secured by this Security Instrurnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subaect to the provisions of Section 18, any Successor in Interest of Borrower who assurnes Borrower's obligations under this Security Instrurnent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Tnstrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless I.ender agrees to such release in writing. The covenants and agreernents of this Security Instru�nent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender rnay chazge Borrower fees far services performed in connection with Borrower's default, for the purpase af protecting Lender's interest in the Froperty and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender rnay not charge fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is �nally interpreted so that the interest or other loan charges collecced or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge 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 lirnits will be refunded to Borrower. Lender may chaose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borirower. If a refund reduces principal, the reduction will be tareated as a partia,l prepayment without any prepayrnent charge (whether or not a prepayrnent charge is provided for under the Noce). Borrower's acceptance of any such refund made by dirsct payment to Bonower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when rnailed by first class mail or when actually delivered to Borrower's nocice address if sent by other means. Notice to any one Borrower shall conscitute notice to all Barrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrawer has designated a substitute notice address by notice to Lender. Barrovver shall promptly notify Lender of Borrawar's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change af address through that specified procedure. NEBRASKA - 5ingle Family - Fannie MaelFreddia Mac UNIFORM INSTRUMENT � �-BINE1�oaiil Paae�oof�5 in�c�ais�� Form3028 1/09 r'+�i i '� i.j .� , + �