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20i008852 <br />acceleration has occurred, reinstate as pravid�d in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Tnstrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment af Lender's interest in the Property <br />are hereby assigned azid shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />l2. Borrowe�r Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne for <br />payment or modification of arnortizatian of the sums secured by this Security Instrurnent granted by Lender <br />to Borrawer or any Successar in Interest of Borrower shall not aperate to release the liability of $orrower <br />or any Successors in Interest of Borrower. Lender sha11 not be required to cornmence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Tnterest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy includin.g, without limitation, Lender's acceptance oF payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts 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 Bound. Borrower covenants <br />and agrees that $orrower's obligations and liability shall be joint and several. However, any $orrower who <br />co-signs this Security Instrument but does noC execute the Not� (a "co-signer"): (a) is ca-signing this <br />Security Instnunent only to mortgage, grant and convey the co-signer's interest in the Praperty under the <br />terms of this Security Instnunent; (b) is not personally obligated to pay the surns secured by this Security <br />Instnunent; and (c) agrees that I,ender and any other Borrower can agree to extend, modify, forbear or <br />make any accornrnodations with regard to the terms of this Security Instrument or the Note withaut the <br />co-signer's consent. <br />Subject to the provisions of Sectian 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Secwrity Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />$orrower's obligatians and liability under this Security Instrument unless Lender agrees to such release in <br />w�iting. The covenants and agreernents of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lendear may charge Borrower fees for services performed in connection with <br />Borrawer's defaWt, for the purpose of protecting Lender's interest in the Property and z under this <br />Security Instrument, including, but not lunited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of �xpress authority in this Security Instrument to chazge a speci�c <br />fee to Barrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. <br />If the L,oan is subject to a law which sets maximum loan charges, 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 limits, then: (a) any such loan charge shall be reducecl by the arnount necessary to reduce the <br />charge to the pernutted lirnit; and (b) any sums already collected from Borrawer which exceeded pernutted <br />limits will be refunded to $orrower. L.ender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Barrower. If a refund reduces principal, tlxe <br />reduction will be treated as a partial prepayrnent without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by <br />direct payment to Borrower will canstitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or I.ender in connection with this Security Instrurnent <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by �rst class mail or when actually delivered to Boxrower's <br />notice address if sent by other means. Notice to any one Borrower 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 L.ender of Borrower's change of address. If L.ender specifies a procedure for reporting Bot�'ower's <br />change of address, then Borrower shall only repoR a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie MaelFreddie Mec UNIFORM INSTRUMENT <br />�-B�NE) lost�l Paga 10 af 15 �nitia�s. Form 3028 1/01 <br />� <br />�� <br />.}�� � ���If�r�w�r1 <br />