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20iU09488 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding ta be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other znaterial <br />impairment of Lender's inCerest in tha Property or rights under this Security Instrument. Ttxe proceeds of <br />any award or claim for damages that are attributable to the impairment of I.ender's interest in the Property <br />are hereby assigned and shall be paid to L.ender. <br />All Miscellaneaus Proceeds that are nat 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 />payrnent or modi�cation of amortization of the sutns secured by this Security Instnunent granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successoxs in Interest of $orrower. Lender shall not be required to cornmence proceedings against <br />any Successor in InteresC of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the surns secured by Chis Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrawer. Any forbearance by I�.ender in exercising any right or <br />rernedy including, without limitatian, Lender's acceptance of payments frottt third persons, entities or <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 right or remedy. <br />13. Joint and Several 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-sign�r"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the ca-signer's interest in the Property under the <br />terms af this Security Instnunent; (b) is not persanally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees Chat L.ender and any ather Borrower can agree to extend, modify, forbear ar <br />make any accomrnodations with regard to the ternis nf this Security Instrument or the Note without the <br />co-signer's cansent. <br />Sub�ect to the provisions of Section 18, any Successor in Interest of Bono�ver who assumes <br />Borrower's obligations under this Security Instrument in writing, and is appraved by Lender, shall obtain <br />all of Boz7'ower's rights and benefits under this Security Instrument. Borrower sha11 nat be released from <br />Barrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreeznents of this S�urity Instrurnent shall bind (except as provided in <br />Section 2Q) and benefit the successors and assigns af I.ender. <br />14. Loan Charges. L,ender may charge Borrower fees for services performe�i in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instnu�nent, 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 Tnstrument to charge a speci�c <br />fee to Barrower shall not be consCrued as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this SecuriCy Instniment or by Applicable Law. <br />If the Loan is subject to a law which sets rna7tirnurn loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loa�n exceed the <br />permitted limits, then: (a) any suck► loan charge shall be reduced by the amaunt necessary to reduce the <br />charge to the pernutted limit; and (b) any sums already collected from Borrower which exceeded pernutted <br />limits will be refunded to Borrower. L.ender may choose to malce this refund by reducing the prxncipal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction W�1r �e treated as a partial prepayment without any prepayrnent charge (whether or not a <br />prepayrnent charge is provided for under the Nate). Borrower's acceptance of any such xefuind made by <br />direct payment to Boxrower will constitute a waiver af any right of action Borrower might have arising out <br />af such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />txtust be in writing. Any notice to Borrower in connection with this Security Instrtxtnent shall be deemed to <br />have been given to Borrower when mailed by �rst class mail or when actually delivered to �orrower's <br />notice address if sent by other tneans. Natice to any one $orrower shall consticute notice to all Borrowers <br />unless Applicable Law expressly requires otlaerwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to L.ender. Borrower shall prornptly <br />notify Lender of Borrower's change of address. If L.ender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUM�NT <br />�-6�NE) (oei il Page 10 of 15 Initials: � Form 3028 1/01 <br />� <br />.; _�;; , L <br />