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201�094�1 <br />acceleration has occurred, reinstate as provided in Sectian 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 />impairment of Lender's interest in the Property or rights under this 5ecurity Inst� The proceeds of <br />any award or claim for damages that are artributable ta the impairment of Lender's interest in tl.ae 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 Froperty shall be <br />applied in the order provided for in 5ection 2. <br />12. Borrower Not Released; Farbearance By Lender Not a Waiver. Extension of the time for <br />payzxient or modification of amortization of the �ums secured by this Security Instrument grantad by Lender <br />to Borrower or aray Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against. <br />any Successor in Interest of Borrower or to refutie to extend time for payment or otherwise xnodzfy <br />amortization of the suzns 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 right ar <br />remedy including, without lunitation, Lender's acceptance of payments from 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 pr <br />preclude the exercise of any right or rem�dy. <br />13. Joint and Several Liability, Co-signers; Successurs and Assigns Bound. Borrower cavenants <br />and agrees that B�rrower's obligations and liability shall be joint and several. However, any Borrower whp <br />co-signs this Security Instrument but does not execute the Note (a "ca-signer"): (a) is co-signing this <br />Security Instrument only to znortgage, grant and convey the co-signer's interest in the Praperty under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the suzns secured by this Security <br />Instruxnent; and (c) agrees that Lender and any other Sorrower can a�ree ta extend, modify, forbear or <br />make any accammodations with regard to the terms of this Security Instrument or the Note withaut the <br />co-signer' s consent. <br />Subjact ta the provisions of Section 1$, any Successor in lnterest af Borrower who assumes <br />Borrower's obligations under this Security Instruznent in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under thi� Security Instnunent. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements af this 5ecurity Instrument shall bind (except as provided in <br />5ection 20) and benefit the successors and assi�ns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services perFormed in connection with <br />Borrower's default, for the purpose of 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 sha11 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 ar by Applicable Law. <br />Tf the Loan is subject ta a law which sets maxiznutr� loan charges, and that law i5 finally interpreted so <br />that the interest ar other loan charges collected ar to be collected in connectian with the Loan exceed the <br />permitted limits, tkien: (a) any such loan charge shall be reduced by the arnount necessary to reduce the <br />charge to the permitted limit; and (b) any surns already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />awed 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 prepay�rzYent without any prepayment charge (whether or not a <br />prepayment charge is pravided for under the Note). Borrawer' s acceptance of any such refund made by <br />direct payment to Borrower wil] constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />1S. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument sha11 be deemed to <br />have been given to Boarower when mailed by first class mail or when actually delivered to Borrower' s <br />notice address if sent by other means. Notice to any one Barrower shall constitut� notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designat�d a substitute notice address by notice to Lender. Sorrower shall promptly <br />notify Lender of Borrower' s change af address. If Lender specifies a procedure for reporting Borrower' s <br />change of address, then Borrower shall anly report a change of address through that specified procedure. <br />230986 <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT � <br />�-6�NE) �oe�i� Page 10 of 15 Initials: "" � Form 3028 1/p1 <br />� <br />