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201008523 accelcration 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 of the Property or other material impairment of Lender's interest in the Property or rights under this 5ecurity Instrument. 1fie proceeds of any award or clai�n for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and sha11 be paad to Lender. All Miscellaneous Proceeds that are nat applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrovver Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the suzns secured by this Security Instrument granted by I..�nder to Borrower or auy Successor in Interest of Borrower shall not operate ta release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required ta comrnence proceedu�gs against any Successor in Interest of Borrower or to refuse to extend time far payment or otherwise modify amortization of che sums secnred by this 5ecurity Instrurnent by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without lirnitation, Lender's acceptance af payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amaunt then due, shall not be a waiver of or preclade the exercise of any right or rernedy. 13. 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 Instrument but does not execute the Note (a "co-signer"): (a) is ca-signing this Security Tnstrument 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 Instrurnent; and (c) agrees that Lendcr and any other Borrower can agree to extend, modify, forbear or rnake any accornrnodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to che provisions of Sectian 18, any Successor in Inter�st of Borrower who assurnes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Borrower shall noc be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreemencs of this 5ecurity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of �nder. 14. Loan Charges. Lender may charge Barrower fees for services performed in connection with Barrower's default, for the purpose of protecting I.ender's interest in the Property and rights wnder this Security Instruiment, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, tt�e absence af express authority in this Security Instrument to charge a speci�ic fee to Borrower shall not be conscrued as a prohibition on the charging of such fee. I.ender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Laan is subject to a law which sets maximum loan charges, and that law is finally interpreted so thac 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 charge shall be reduced by the amount necessary to reduce the chazge to the permitted lirnit; 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 tk�e principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduccion w�rr �e treated as a partial prepaymenC without any prepayrnent 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 Borrower 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 rnust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when xnailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Borrowers unless Applicable I,aw expressly requires otherwise. The notice address shall be the Fxope�cy Address unless Borrower has designated a substitutc natice address by notice to Lender. Borrower shall promptly notify L,ender of Borrower's change of 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. NEBRASKA - Single Family - Fannie MaelFreddia Mac UNIFORM INSTRUMEIVT �-B�NE) (0811) P9ge 1Q of 16 ininais. Form 3028 1/09 � , i $ i � � ��.r ` p � .,� x . �