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� ' \����� � � <br />dismissecl with a ruling that, in Lender'� judgmenl, prei;ludeti forfeilure of the Property or other matc-rial <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The procceds of <br />any award or claim for dama�es that are aitributable to the impairment of Lender's interest in thc Propcyrly <br />ate heteby assigned and shall be paid to Lender. <br />All Miscellanevus Proceeds that are not applied to restarution or repair of the Property shall be <br />applied in the ordcr providcd for in Section 2. <br />12. Borrower Not Released; Forbearance Sy Lender Not a Waiver. Extcnsion of thc timc for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lcnder <br />to Borrower or any S�ccessar in Intetest of Borrower shall not operate to release the liability of Bottower <br />or any Successors in Interesl of Borrower. Lender tihall nc�l he reyuired to commence procecxlingti again�t <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of thc sums sccurcd by this Sex:urity Inatrumcnt by rcason of any dcmand madc by thc original <br />Borrower or any Successors in Inierest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitatiou, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Bortower or in amounts less than the amount then due, �hall not be a waiver of or <br />prcclude th�: exercisc of uny right or remcdy. <br />13. Joint and Several L'rability; Co-signers; Successors and Assigns Bound. Borrowcr covcnants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Fiarrower who <br />co-signs this Secutity Instrument but does not execute the Note (a "co-signer"): (a) is co-si�ning this <br />�e�:urity Instrument only lo morlgage, grant and convey lhe co-si�ner's intere:�l in lhe Properly under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the surns secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agrec to cxtend, modify, forbear or <br />make any acec�mmodatinns with regazd to the terms pf this Security Instrument or the Note withoul the <br />co-tii�mer'ti con;;enk. <br />Subject to the provisions of Sectic�n 18, any Successor in Interest of Borrawer who assumes <br />Bartowet's obligations under this Security Instnunent in writing, and is approved by Lender, shs�ll abtai❑ <br />all of &�rrower'ti rights and henefits under thiK Sei:uriiy In�lrumenl. I3orrower nhall not be releasc� from <br />Bortower's obligations and liability undet this Security Instruruent unless Lender agrees to such release in <br />writing. The covenants and agteements of this 5ecurity Instrurx►ent shall bind (cxcept as providcd in <br />Section 20) and bene�t the successors and assigns of Lcndet. <br />14. Loan Char�es. Lendc�t may charge Borrower fees for aervices performed in connection with <br />Borrower's default, for the purpose of proiecting Lender's interest in the Froperty and righls undet this <br />See;urity Intilrument, including, hut not limilecl ln, attorneys' fees, property inspec:li��n dnd valuation feeti. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a spe<;ific <br />fee to Borrowet shall not be construed as a prohibition on the charging of such fee. Lender rnay not charge <br />fees that are expressly prohibited by this Securiiy Instrurnent or by Applicable Law. <br />If the Loan is subject to a law which sets maximurn loan charges, and that law is finally interpreted so <br />that the interest or other loan chatges collected or to be cnllected in connection with the Loan exce�:d the <br />permitted limits, then: (a) any such ludn charge shall be reduced by the amount necessary tn reduce the <br />charge lo the permitted limit; and (b) any spms already collected from Borrower which exceedcxl petmitted <br />limits will be refunded to Borrower. Lcnder may choose to make this refund by rcducing the principal <br />owed under thc Notc or by making a direct payment ta Iiorrowet. If a refund reduces principal, the <br />reduction wil) he tr�tecl ati a partial prepaymenl wilhoul any �repayment charge (wheih�� or nol a <br />prepayment chazge is provided for under the Note). Borrower's acceptance of any such refuncl made by <br />direct paymcnt to Borrowcr will constitute a waivcr of any right of action Bartowet rnight have arising out <br />of such ovetchazge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrurnent <br />must be in writing. Any notice t� Borrower in connection with this Security Instrument shall he deernecl to <br />have been given to Borrower when rnailecl by fir5t class mail or when actuully deliverecl lo Bcrrrower's <br />notice address if sent by other rneans. Notice to any one Borrower shall constitute notice to all Bcarrowets <br />unless Applicable Law cxpressly requites otherwisc. Thc notice address shall be thc Property Address <br />unless Borrowcr 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 reporting Borrower' S <br />change of addre5s, then Borrower Hhall only report a change of addretiti lhrou�h lhal specifiecl procedure. <br />3461498 3461Q98 <br />NEBR4SKA - Single Family - Fannle Mae/Freddle Mac UNIFORM INSTRUMENT YYI M S <br />��1(NE)�oaio� P�e10of15 i�it�ais�� Form3028 1/01 <br />enaoos 3aeiavs <br />