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201�08��4 acceleration has occurred, reinstate as provided in Sectian 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, pre.cludes forfeiture of the Property or other material impaurment of Lender's interest in the Property or rights under this Security Tnstrument. The proceeds of any award or clairn for darnages that are attributable to the impairment of Lender's interesc 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. Extension of the tirne for payment or madification of amortization of the sucaas secuxed by this Security Instrument granted by Lender 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. I.ender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payzn.ent or otherwise modify amortization of the surns secured by this Security Instrument by reason of any demand made by the original Borrawer or any Successors in Tnterest af Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitatian, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrawer or in amounts less than the amaunt then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Suecessors and Assigns Bound. $orrower 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 rnortgage, grant and canvey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not person.ally obligated to pay the sums secured by this Security Instrumenc; 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. Subject to the parovisions of Section 18, any Successor in Interest af Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrpwer's rights and benefits under this Security Instrument. Borrower shall not be released frorn Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 2Q) and bene�t the successors and assigns of Lender. 14. Loan Charges. I.ender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Froperty and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a speci�c fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Tnstrttment or by Applicable Law. If the I..oan is subject to a law which sets maxim�um loan charges, and that law is �nally interpreted sa that the interest or other loan charges collected or to be collected in connection with the T.oan 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 sucus already collected from Borrower which exceeded pernutted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Nate or by rnaking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (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 mighc 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 natice to Borrower in connection with this Security Instrument shall be deerned to have been given to Borrower when mailed by �rst class mail or when actually delivered ta Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to a11 Borrowers unless Applicable Law expressly requiares othearwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower sha11 promptly notify I,ender of Barrower's change of address. If I.ender specifies a procedure for reporting Borrower's change of address, then Borrowear shall only report a change of address through that specified procedure. NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 1 �-B(NE) loettl Page 10 of 15 inmeis: V-11�1 Fprm 302$ 1/01 ,��1 �''• �F".. �