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2 0�008859 acceleratian ha5 occurred, reinstate as pcovided in Section 19, by causing the action or proceeding to be disrnissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairrnent of Lender' s interest in the Froperty or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender' s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied tq restoration or repair of the Property sha11 be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. �xtension of the time for payment or modification of amortization of the sums secured by this Security Instnrment granted by Lender ta Borrower or any Successor in lnterest of Borrower shall not operate Co release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against. any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instruxnent by reason of any demand made by the ori�inal Borrower or any Successars i�� Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance af payrnents frarn third persons, entities or Successors in Interest of Borrower ar in arnounts less than the amount then due, shall not be a waiver of or preclude the exercise of any ri�ht or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Sound. Borrower covenants and agrees that Borrower's obligations and liability sha11 be joint and several. However, any Borrower who co-signs this 5ecurity Instrument but does not execute the Note (a "co-signer"): (a) is co-si�ning this Security Instrument only to rnortgage, 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 5ecurity Instrument; 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 Instrurnent or the Nate without the co-signer' s consent. Subject to the provisions of Section 1S, any Successor in Interest of Bprrower who assurnes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower' s rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under thi� Security Instrument unless Lender a�rees to such release in. writing. The covenants and agreements of tlais Security Instrument shall bind (except as provided in Section 20) and benefit the succes:.ors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower' s default, for the purpose of protecting Lender' s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. ln regard to any other fees, the absence of express authority in this Security lnstrument 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 fe�s that are expressly prohibited by this Security Instrument or by Applicable Law. If fhe Loan is subject to a law which sets maximurn loan charges, and that law is finally interpr�ted so that the interest or other loan charges collect�d or to be collected in cor�nection with the Loan 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 sums already collected from Borrower vvhich exceeded permitted limits will be refunded to Borrower. Lender may choase to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Tf a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayrnent charge is provided for under the Note). Borrower's acceptance of any such refund rnade by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1S, Notices. All notices given by Barrawer or Lender in connection with this Security Instruxnent must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower' s notice address if sent by other means. Notice to any one Barrower shall constitute notice to all Borrowers unless Applicabla Law expressly requires otherwise. The notice address shall be the Froperty Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower' s change of address. If Lender speci�es a procedure for reporting Borrower' s change of address, then Borrower shall only report a change of address thz that speci�ed procedure. 230971 NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT f �-6(NE) (oe��) Page10 of 15 in�c;ais: �J • Fprm 3028 9/01 O