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201009093 <br />acceleration b�as occurred, reinstate a� pmvided in Section 19, by causi�ng the �ctio�n or proceeding to be <br />dismis,seci with a ruling that, in L�end�r's j'ud$meat. pnecludcs forfeiture of t� Property or other material <br />impairnae�oit of L�nder's intcrest in the Property or rights under tbds Sacurity Instnmaent. 1he proceeds of <br />any award or claim for damages tt�at are attributable to the impairm�qt of I.ender's interest in the Property <br />are hereby assignad and shall bc paid to I.�nder. <br />All Mis�aella�ous Prvccods that are not appl�ed w re�storatirrn ar rcpair of thc Propeny sb.all be <br />applied in the ordec pmvided for i�o� Section 2. <br />12. Borrower Not Released; Farbearance By Leader Not a Waivcsr. Extension of the ti�e for <br />payme�t or modification of a�rtization of the sums secured by this SeCUrity Instivm�nt grantsd b�y L�ender <br />to Borrower or any Successor in In� of Bornower shall nat operate to release the liability of Borrowcr <br />or any 5�ccessors in Tnterest of Barmwer. L,�tdeir shall n�ot ba requ�i� to oommence proveedings against <br />any Succes.�ar in Interest of Hnrmw�r or to re:fuse to extend time for paym�ant or otherwi�se modify <br />amortizatiun of thc swans secured by this Security In��txumeat by reason of any demand made by the original <br />Barrower or any ',,ttecessors in Inten�t of Bornower. Any forbearance by L,e�der in e�rcising any right or <br />reinedy iz�cluding, witlwut limitation, L,ender's acceptance of paynresnts from third persons, cntities or <br />Sticcessors in �nterest af Borrower or in amounts less than the am�ount then due, shall nat be a waiv�r of or <br />prcclude the exer+cise of any right or r�rit�edy. , <br />13. Joint snd Several Llability, Co�igners; Succe�sors end As�igns Bound, Barrower cov�ants <br />and agrees that Bonrawer's obligations and liability shall be joint and several. How�ver, any Ba�rrower who <br />co-signs this Se��utrity Instrument but daes not execute the Notc (a "�-signer"): (a) is c�-signing this <br />5ecurity Tnstin�sent only to mortgage, grant and convey the c�-signer's int�t in the piroperty trnder the <br />terms of this Secunity Ins�nt; (b) is npt �ersonally obligated to pay the sums secured by this Secwnity <br />InsUru�ent; an�[t (c) agrees that I.e�der and any ot4ex Borrowc�r can agra� W extend. �nodifY, forbear or <br />make any acxommodations with regard to the terms of this Security Instru�ent or the Note wittwut the <br />co-sig�er's coasent. . <br />Subject to the provisions of SeCtion 18, any Sttc�ssor in Interest of Bornow+�r who assum�es <br />Hornower's obligations under this Security Insbrument in writing, and is approved by L�nuder, sb,all obtain <br />all of Bor,rower's rigb�ts and benefits under this Socurity Instrument. Horrower ahall not be released fxona <br />Borrawer's obligations and liability und�r this Security Insqvm�nt unless Lender agrces to such release in <br />writi�ng. The covenants and agreements of this Securiry �sU�e� sl�all bind (except as prnvided in <br />Section 20) and benefit the successors and assigns of Ixaider. <br />14. Loan Charges. I,endar nnay Gharge Borrower f�es for services perfortned in connection with <br />Bornovver's default, for the purpose of prote�Cing L.ender's inte�st in the Properiy at�d rigbts under tl�is <br />Securiry In�nnn�t including, but �trt limited to, attomeys' feess, ProPertY ins�tion and valuation f�s. <br />In regard W any other feas, the abscnce of eacpress suthodty in this 5ecurity Instnunent to c�argc a speci5c <br />fee to Borrower sha1,1 �t b� construed as a prohibition on the charging of svc� fee. Lender may not chazge <br />fecs that are expressly �rohibited by this Security Inswment or by Applicable I.aw. <br />lf the Loan is subject ta a law whi�7a s�s maxiimum loan cbargcs, and that law is finally ianterpreted so <br />that the inte�+est or oth�r loan charges collected or to be collected in cannedion with ths Loan excced the <br />penmitted lunits, then: (a) any such loan c�arge sha11 be reciu�d by the amount necessary W reduce the <br />c�arge w rhe permiccea �imic; and �� any s�s a�re�a co�1�a from aorrower whi�h exceedea permicrea <br />limits will be refiuided to Borndwer. L,ender may choose to mak� tbis rafund by reduci�g the principal <br />owed under tbe Note or by maki�g a direct payment to Borrower. If a refund reduccs principal, the <br />re�iuction will be treated as a partial Px�aYme�tt without any Pz�aY�t char8� (w�eth�r or not a <br />P��Y� �$e iS pllriVlded �oX uI1dC1C the N4tE:). $OtCUweT'S BGCCptBIIC� Of eily S11Ch IefuIId II18de by <br />direct paym�t W Borrowcr will cansdtute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notloea�. All nopces giv� by Borrower or L�der in connection wiCh this Scc.wxrity Inspnu�ent <br />must be in writing. Any aotice ta Borrower in connectian with this Security Instnunent shall be dee�d to <br />have be�n giv� to Bornower when maiJ,ed by first class mail or whe,� actually delivered to Borrower's <br />notice address if sent by other means. Notir.e to any one Borrower st�ali constitutc notice to a�i gormv� <br />unless Applicable Law �pressly requires ath�rvvise. The notic� address sball be tlae Property Address <br />unless Bornav�er has dcsignat�d a substitute nodce address by notice to L.�nder. Horrower sha11 pmmptly <br />natify I,ender of Bnrnower's change af addt+ess. Yf Lcnder spCCifies a pnocedure far re�orting Barmr�ver's <br />change of address, chen Borrower shaU only r�port a cbange of address thmugh ibat specifiecl procedure. <br />NEBRA$KA - Sinple Family - Faruiir Meis/FreddM Mac UNIFOqM INSTRUMENT <br />Q�-61NE) roa»� �aoo �o of is i�rc�ai.: Form 3028 1/01 <br />