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20�009331 acceleration has occurred, reinstate as provided in Sectian 19, by causing the action or proceeding to be disrnissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material irnpairment of Lender's interest in the Property or rights under this Security Instrwtzent. The proceeds of any award or claim for darnages that are attributabl� to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shalt be applied in the order provided for in Section 2. 12. Barrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or madification of amortization of the sums secured by this Security Instrument granted by L,endez' to Borrower or any Successor in Interest of Borrower shall not operate to release the liability af Borrower or any $uccessors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in InCerest of Borrower or to refuse to extend tirne for payment or otherwise mndify amortization of the surns secured by Chis Security Instrument by reasan of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearanca by Lender in exercising any right or remedy including, without limitation, Lender's acceptance 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 ar remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrawer who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instnunent or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borcower who assumes Borrawer's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of Boarrower's rights and benefits under this Security Instrurnent. 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 Secuxity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of L.ender. 14. Loan Charges. I.,ender may charge Borrower fees for services performed in connecCion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security InsCtvment, including, but not limited to, attorneys' fees, pz'operty inspection and valuation fees. In regard to any oCher fees, the absence of express authority in this Security Instnunent to charge a specific fee ta Borrower shall not be construed as a prohibition on the charging of such fee. Lender may noc charge fees that aze expressly prohibited by this Secuxity Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so tlxat the interest or other loan chazges cvllected or to be collected in conutection with the Loan exceed the pernutted limits, then: (a) any such loazx charge shall be reduced by the amount necessary to reduce the charge to the pemutted lirnit; and (b) any stuns already collected from Barrower which exceeded permitted lirnits 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 Barrower. 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 under the Note). Borrower's acr�ptance of any such refund rnade by direct payrnent to Borrowex will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or L.ender in connection with this Secuxity Instrument must be in writing. Any notice to Borrower in connection with this Security Tnstrument shall be deerned 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 r�xeans. 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 wnless Borrower has designated a substitute notice address by notice to L.endez'. Borrower shall promptly notify Lender of Boz�z�ower's change of address. If Lender speci�es a procedure for reporting Barrower's change of address, then Borrower shall only report a change af address through that speci�ed procedure. NEBRASKA - 5ingie Family - Fannia Mae/Freddie Mac UNIFORM INSTRUMENT �-6�NE) �oet t1 Page 10 of 15 i��s�ais: Form 3028 1/01 � � �'1 x tljf1��:� �