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20100907� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />disrnissed with a ruling that, in Lender's judgment, precludes fotfeiture of the Property or other material <br />iinpairment of �.en.der's interest in the Property ot tights under this Security lnstnunent. The proeeeds of <br />any uward or claim for damageti that are altribulable lo the impairmenl of Lender's inlerest in the Pruperty <br />are hereby ae;�igned and shall be paid to Lender_ <br />All Misccllancous Pmceeds that arc not applied to restoration or rcpair nf the Property shall bc <br />applied in the order provided for in Section 2. <br />12. Burrawer Not Rcicased; Fnrbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of dmc�rtization of the surn� secuted by this Security Instrument granted by Lender <br />to Hottower or any 5uccessor in Intetest of Borrower shall not operate to release ihe liability of Borrow�r <br />or any Successors in Intcrest of Borrower_ T�endcr shall not be requitcd to commcnec proceeding� against <br />any Successor in Intetest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortia.ation of the sums secured by this Security lnstru�nent by reason uf any demand made by thc original <br />Borrowc;r or any Succes5ors in Interest of Bortower. My forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender'� acccptance ot payments frorn third persons, cntitics or <br />Successors in Interest of Borrnwer or in amounts less than the amount then dixe, shall not be a waiver of or <br />preclude the exercise of any tight or remedy_ <br />13. doint and Several Liability; Co-signer�; Successors and Aasigns Bound. Borrowcr cnvenants <br />and a�;rees that Borrower's obligations and liability shall be joint and several. However, any B�rrower who <br />co-signs this Secu�tity Instnunent but does not execuie the Note (a "co-signer"): (a) is co-signing this <br />Security Instntment only to mortgage, grant and convey lhe co-signer's interest in the Property under the <br />terms of this Sccurity Instnunent; (b) is not personally obligatcd to pay the sums sccured by ihis Sccurity <br />Insttument; and (c) agtees that Lender and any other Borrnwer can agree to extend, modify, forbear or <br />niake any accommodations with regard to the tetms of this Secutity Instrutuent or the Note without the <br />co-signer'ti consent. <br />Subject to thc provisions of Section 18, any Suc:ces:�or in Interest of Borrower who assumes <br />13orrower's obligaiiunti under this Securily InsCrument in wniting, and i: approved hy Lender, tihall ohtain. <br />all of $orrower's rights and henefits under this Security Instrument. Borrower shall not be released from <br />Borrowcr's obligationa and liability under this Sccurity Instrumcnt unlcss Lender agtees to such release in <br />writing. 'I'he covenants and agreemcnts of khis Security Instrument shall bind (excepl as provided in <br />Section 20) and brne�t the successors and assigns of Lender. <br />14. Loan Charses. Lender may charge Borrower Fee� for services performed in connection with <br />Borrower's deFault, fot the purpose of protecting I,ender's interesi in the Property and rights under this <br />Security Instnnnent, including, 6ui not limitcd to, attorneys' fees, property inspection and valuution fees. <br />In rcgard to any othcr fces, the abscncc of cxpress authority in this Sccurity Instrument to chargc a specific <br />fee in $orrower shall n�t be construcd as a�tohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this 5ecurity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximuxn loan charges, and lhat law is finally interpreted so <br />lhat the intcrest or othet 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 reduced by the amount necessary to reduce the <br />chargc to th� permitted limit; and (b) any sums already collcctcd frorn I3otrower which cxcceded permittcd <br />liinits will be tefunded to Sorrowet. Lender may choose to make this refund by reducing the prinoipal <br />owed under the Note or by making a direct naym�nt to Borrnw�r. If a refund reduces principal, the <br />reduciion will be treated as a partial ptepayment withc�ut any prepayment chatge (whether or noi a <br />prepaymcnt charge is providcd £or undcr thc Note). Borrowcr's acceptancc of any such refixnd madc by <br />direct paym�.ynt to Borrower will constitute a waiver of any right of action Borrower inight have arising out <br />of such vvercharge. <br />15. NoNces. All notices given by Borrower or Lender in connection with this Security Insttuinent <br />mu5t be in writing_ Any notice to Borrower in connection with this �ecurity Instrument shall be deemed to <br />have �reen given to Borrowet when mailed by �rst claSS mail or when actually delivered to Borrnwer's <br />notice address if scnt by othet means. Notice to any onc Sonrc�wcr shall constitutc notice to all Borrowers <br />unle5s Applicable Law expressly requires otherwise_ The notice addres5 shall be the Property Address <br />unless Borrower ha� desigr►dted a tiubr;titute ni�lice addres�; by notice tc� Lender. I3urruwer tihall promptly <br />notify Lender of $orrower's changc of address. If Lender speciftes a procedure fot teporting Borrower's <br />changc of �ddress, thcn Borrower �hall only report a change of address through that spcci�ed proccdurc. <br />NEBRASKA- Single Family - Fannla Mae/Freddle Mac UNIFORM INS7�2UMENT � R <br />�+6(NE� (0811) Page 10oF15 in�t�ais����� Form 3028 1/01 <br />