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201008915 <br />aGCelsration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to b� <br />dismissed with a ruling that, in Lender's judgment, precludes farfeiture of the Property ar othsr rnaterial <br />impairment of L�nd�r's interest in the Property or righls under this Security Tnstrum�nt. The praceeds of <br />any award ar clairn for damages that are attributable to the impairment of Lendcr's interest in the Property <br />are hereby assigned and shall be paid ta I.,ender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided far in Section 2. <br />12. Borrower Not Released; �'orbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortixatic�n af the sums secured by this Security Instrument granted by Lender <br />ta Borr[�wer or any Successor in Inker�st af Borrower shall not operate to release th� liability of Borrower <br />ar any Successors in Tnterest of Borrawer. Lender shall not be required to cammence proceedings against <br />any Successar in Interest of Borrower or to refuse ta exlend timC for payment or otherwise madify <br />amortixatian af the sums secured by this Security Instrurnent by reason of any demand made by the ariginal <br />Barrow�r ur any 5uccessors in Tnterest of Bc�rrUw�r. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of paym�nts fram third persons, entities or <br />Successors in Tnterest af Borrower or in amounts less than the amount lhan due, shall not be a waiver of or <br />preclude the exercise of any right ��r remedy. <br />13. Jaink and Several Liability; Co-signers; Saceessors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and s�v�ral. However, any Borrower who <br />co-signs this Sccurity Instrument but does not execute thc Nat� (a "co-signer"): (a) is co-signing this <br />Se�urity Instrument only to mortgage, grant and convey the co-signer's interest in th� Praperty under the <br />terrus of this Security Tnstrument; (b) is not personally obligated to pay the sums sccur�d by this Security <br />Tnstrument; and (c:) agrees that Lender and any other Borrow�r can agree to extend, modify, forbear or <br />make any accammadations with regard to the terms of this S�curity Instrument or the Note without the <br />co-signer's cons�nt. <br />Subject to the provisions oP S�ction 18, any Successor in Interest of Borrower wha assumes <br />Sorrower's obligatians under this 5ecurity Tnstrument in writing, and is approved by Lender, shall obtain <br />all of Barraw�r's rights and benefits under this Security Tnstrum�nl. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless I,ender agrees tc� such r�l�as� in <br />writing. The covenants and agreements of this Security Tnstrument shall bind (�xcept as provided in <br />Section 20) and benefit lhe succ�ssars and assigns of L,ender. <br />14. Loan Charges. Lender may charge Borrower fees For scrvices performed in connection with <br />Borrower's deFault, for the purpose of protecting T.ender's interest in the Praperty and rights under this <br />Security Instrument, including, but not liruited to, attorneys' fees, property inspection and valuation fec:s. <br />In regard to any other fees, the absence of �xpr�ss aukharity in this Security Tnstrument to charge a specific <br />fee to Borrower shall nat be construed as a prohibition on the charging of such fe�. Lender may not charge <br />fees that are expressly parphibited by this Security Instrument or by Applicable Law. <br />Tf the Loan is subject to a law which sets maximum loan charges, and tha[ 1aw is finally interpreted so <br />that th� interest or other loan charges collected ar ta be call�ct�d in cannection with the Loan exceed the <br />permitted limits, then: (a) any such laan charge shall 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 Borrowcr. I,�nd�r may chaase to make this refund by reducing the principal <br />owed under the Note or by making a direct payment tu Barrower. If a refund reduces principal, the <br />rcduction will be treated as a partial prepayment without any prepayment charge (whether ar nat a <br />prepayment charg� is provided for under the Note). Borrower's acceptance of any such r�fund made by <br />direct payment to Borrow�r will constikute a waiver of any right af action Borrower might have arising out <br />of such overcharge. <br />15, Notices. All notices given by Borrower or Le:nd�r in connection with this Security Instrument <br />must bs 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 first class mail or when actually delivered to Barrower's <br />notice address if sent by other means. Nokice to any �ne Barrawer shall canstitut� notic� to all Borrowcrs <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 l,ender. Borrc�wer shall promptly <br />notify Ixnder of' Borrower's change of address, If L,ender specifies a pracedure for reporting Borrower's <br />change of address, then Barrow�r shall pnly r�port a chang� of address through that specified procedure. <br />IVE8RA5KA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �K. <br />�-6�NE) �os��i Peea 10 of 16 i��siaiS: Form 3028 1/01 <br />''�1�,_ <br />