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2oioos44� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />irnpairment of Lender's interest in the Property or rights under this 5ecurity Instrument. The praceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or rnodi�cation of amortiaation of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successar in Interest of F3orrower shall not operate to release the liability of Borrower <br />or any Successprs in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Tnterest of Borrower or to refiase to extend time for payment or otherwise modify <br />amortization of the sunns secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any raight pr <br />remedy including, without limitation, Leander's acceptance of payments from third persons, entities ar <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any ri�ht or rernedy. <br />13. doint and 5everal Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower' s obligations and liability shall be _joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to m�rtgage, grant and convey the co-signer's interest in the Froperty under the <br />terms of this 5ecurity lnstrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instniment; and (c) a�rees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accomxzaodations with regard to the terms of this Security Instrument or th� Note without the <br />co-signer' s consent. <br />Suhject to the provisions of Section l8, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this 5ecurity Instrument in writing, and is approved by Lendez', shall obtain <br />all of Borrower's ri.�hts and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obli�ations and liability under this Sectxrity Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Sorrower fees for services performed in connection with <br />Borrower's default, for the purpose af protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum laan charges, and that law is finally interpret�d so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary ta reduce the <br />charge to the perxnittad limit; and (b) any sums already collected from Barrower which exceeded permitted <br />limits will be refunded to Borrower. Lender xnay chpose to make this refund by reducin� the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund made by <br />direct payment to Borrower wi11 constitute a waiver of any right of actioan Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in cannection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Eorrower' s <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires atherwise. The notice address shall be the Property Addr�ss <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Borrower' s <br />change of address, then Borrawer shall only report a change of address thraugh that specified procedure. <br />230999 <br />NEBRASKA - Single Family - Fannie M ae/Freddie M ac UNIFORM INSTRUM ENT <br />�-6�NE) �aai � � Page 10 oF 15 iniciei Form 3028 1101 <br />� <br />G�v�.. <br />