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201009147 acceleratian has occurred, reinstate as provided in Section 19, by causing the action or praceeding Co be dismissed with a ruling that, in Lender's judgrnent, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of any award or clairn for dannages that are attributable to the impairment of Lender's inCerest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. ].2. Borrower Not Released; Forbearance By Lender Nat a Waiver. Extension of the time for payrnent or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower oar 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 swns secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Tnterest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, I.ender's acceptance of payments fram third persans, entities or Successors in Interest of Borrower or in amounts less than the amounC then due, shall not be a waiver of or preclude the exercise of any right or rernedy. 13. Joi�t and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be jaint and several. However, any Borrower who co-signs this Security Instnunent but does not execute the Nate (a "co-signer"): (a) is co-signing this Security Instzvment only ta mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not persanally obligated ta pay the swns secured by this Security Instrurnent; and (c) agrees that Lender and aziy other Borrower can agree to extend, modify, forbear or make atty accormmodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisinns of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under trus Security Instrurnent in wiriting, and is approved by Lender, shall obtain all oF Borrovver's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as pravided in Section 2�) and bene£it the successors and assigns of Lender. 14. I,oan 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 Instniment, including, but not lirni�ted to, attarneys' fees, property inspection and valuation fees. In regard ta any other f�s, the absence of express authority in this Securiry Instrurnent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that a�re expressly prohibited by this Security Instrument or by Applicable Law. If the Loaxt is subject to a law which sets tnaximum loan chazges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection witl� the Loan exceed the pernvtted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lirnit; and (b) any sums already callected frorn Borrowear which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal ow�d under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any pxepayment charge (whether or not a prepayment charge is pravided for under the Note). Borrower's acceptance of any such refund made by direct paynnent to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices giv�n by $orrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deerned ta have been given ta Borrower when mailed by first class mail or when actually delivered to Borrower's notice addr�ss if sent by other means. Natice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. T'he notice address shall be the Praperty Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borcower'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 addxess through that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UMIFQRM INS7RUMENT 'A / �-6(NE) (081�) Page 10of 15 Initials: w'E'•V Form 3028 1/O1 � 1� � '��f {;# � � 4