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2oioo92si acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgznent, precludes forfeiture of the Praperty or other rnaterial impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award ar claim for damages that are attributable to Che impairment of Lender's interest in the Property are hereby assigned and sha11 be paid to I.ender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in Che order provided far in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or rnodification of arnortization of the sums secured by this Security Instrurnent granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. L.ender shall not be required to commence proceedings against any 5uccessor in Interest of Borrower or to refuse to extend time for payment or otherwise rnodify amortization of the snms secured by this Security Instrument by reason of any dexnand made by the original Borrower or any Successors in Interest af Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's accepCance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agr�es that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is ca-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Frope�ty under the terms of this Security Instrument; (b) is not personally obligated to pay the surns secured by this Security Instrurnent; and (c) agrees that Lender aa�d any other Borrower can agree to extend, modify, forbeax or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Sub�ect to the provisions of Section 18, any Successor in Int�rest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by I.ender, sha11 abtain all of Borrower'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 20) and bene�it the successors and assigns of Lender. 14. Laan Charges. Lender may chazge Borrower fees for services performed in connection wiCh 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. In regard ta any other fees, the absence of express authority in this Security Instrument 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 are expressly prohibited by this Security Instrument or by Applicable I.aw. Tf the Loan is subject to a law which sets maximu�n loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limiCs, 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 frorn Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owsd 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 prepayment charge (whether or not a prepayment charge is provided for undsr the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower rnight have axising out of such avercharge. 15. Notices. All notices given by Borrower or L,ender in connectian with this Security Instrument must be in writing. Any notice to Borrower in cannection 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 Borrow�r shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Praperty Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify L.cnder of Borrower's change of address. If T,ender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ��(� �-6�NE) �osi i� Page 10 of 15 i��t�eis: �� J Form 3028 7/09 ► � % �� ' � �'� R r ! , : r"`� �