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2oivo933o acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed r�vith a nrling that, in Lender's judgrnent, precludes forfeitnre of the Property or other rnaterial irnpairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to I.ender. All Miscellaneaus Procceds that aze not applied to restoratian ar repair of the Property shall be applied in the order pravided for in Section 2. 12. Barrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificatian of amortizatian of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not opexaCe to release the liability of Borrower or any Successors in Interest of Borrower. L.ender 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 arnortization of the sums secured by this Security Instrument by reason of any dernand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, I.ender's acceptance of payments from third persons, entities or Successors in Interest of Barrower 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 agrees that Borrower's obligatians and liability shall be joint and several. However, any Borrower who co-signs this Security Instrurnent but does not execute the IVote (a "co-signer"): (a) is co-signing this Security Instrument only to martgage, grant and convey the co-signer's interest in the Property under the terms of this Security lnstrument; (b) is not personally abligated to pay the sums secured by this Security lnstrument; and (c) agrees that Lender and any okher Borrawer can agree to extend, modify, forbear ar make any accomrnodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject co the provisions of Seccion �8, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrwnent in writing, and is approved by L.ender, shall obtain 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 uxiless i.ender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) aand benefit the successors and assigns of Lender. ].a. Loan Charges. i,ender 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 Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fe.�s, tha absence af express authority in this Security Instrument to charge a speci�c fee to Borrower shall not be construed as a prohibition on khe charging of such fee. L,ender may not charge fees that are expressly prahibited by this Security �nstr�unent or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, 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 pernutted limits, then: (a) any such loan charge shall be reduced by the amount necessary ta reduce the charge to the pernutted limit; and (b) any swnns al.ready collected from Borrower which sxceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrawer. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayrnent charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to $orrower will constitute a waiver af any right of action Borrawer might have arising out af such overchazge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when rnailed by first class mail or when actually delivered to Bonower's notice address if sent by other rneans. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify L,ender of $orrower's change of addr�ss. Tf I.Ender speci�es a procedur� for reporting Borrower's change of address, tk�en Borrower shall only report a change of address through that speci�ed procedure. NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INS7RUMEN7 �-B(NE) (0811) Paga 10 of 15 i��s�ais: Form 3028 7/07 � S �-c ,'^ � , ) "i . � �� V