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2010085G� <br />acceleration has occurred, rainstate as provided in Section 19, by causin� the action or proceeding tp be <br />dismissed with a ruling that, in Lender' � judgment, precludes forfeiture of the Property or other material <br />impairnnent of Lender's interest in the Property or rights under tkais Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the irnpairment of Lender's interest in the 1'roperty <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to reatoration or repair of the Property shall be <br />applied in the order provided £pr in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Sorrower shall not operate to release the liabiliry of Horrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proce�dings against <br />any Successor in Interest of Borrawer or to refuse to extend tirne for payment or otherwise modify <br />amortization of the sums secured by this 5ecuriry Instrument by reaspn of any dexnand made by the original <br />Borrower or any Successars in Interest of Borrower. Any forbearance by Lender in exercising any raght or <br />remedy including, without limitation, Lender's acceptance o£ payments from third persons, entities qr <br />Successors in Interest of Bonrower or in arnounts 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-signers; Successors and Assigns Bpnnd. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instxument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Sccurity Instrument; (b) is nat personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer' s consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under th,is Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security instrument unless Lender agrees to such release zn <br />writing. The covenants and a�reements of this Security Tnstrument shall bind (except as provided in <br />Section 20) and ben�fit the successors and assigns of Lender. <br />14. Loan Charges. Lender niay charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender'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 nat be construed as a prohibition on the charging of such fee. Lender may not char�e <br />fees that are expressly prohibited by this Security Instrurnent ar by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan char�es, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted lizmits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />awed 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 prepayxnent 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 Barrower might have arising out <br />of such overcharge. <br />15. Notiees. All notices given by Borrower or Lender in connection with this Security Instrurnent <br />must be in writing. Any notice to Barrower in connection with this Security Instrument sha11 be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered ta Sarrower's <br />notice address if sent by other means. Notice to any one Barrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice 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 Borrower' s change of address. If Lender specifies a procedure for reparting Borrower' s <br />change af address, then Borrower shall only report a change of addrass through that speci�ied procedure. <br />23D966 <br />NEBRASKA - Single Family - Fannie M aelFreddie M ac UNIFORM INS7RUM ENT <br />�-6(NE) �oa��� Page 1D of 15 Initials� � Form 302$ 1/01 <br />� <br />