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201U09493 acceleration has occurred, reinstate as provided in Section 19, by causing the acCion or proceeding to be disrnissed with a ruling that, in L,ender's judgment, precludes forfeiture of the Froperty or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or clairn for darnages that axe attributable to the impairment of Lender's interest in the Property are hereby assigne� and shall be paid to Lender. All Miscellaneous Proceeds that are not applied ta restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne for payment or modification of amortization of the sunns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release Che liability of Borrawer or any Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend tirne for payment or atherwise modify amortization of the surns secured by this Security Instnunent by reasan of any dernand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right ar remedy including, without lunitation, Lender's acceptance of payments from third persons, entities or Successors in Interesk of Barrower or in amounts less than the amount then due, shall not be a waiver of or preclude tlae exercise of any right ar remedy. 13. Jaint and Several Liability; Co-signers; Successoirs and Assigns Bound. Borrower covenants and agrees that Borrower's obligacions and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does nat 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 terams of this $ecurity Instnunent; (b) is not personally abligated to pay the sums secured by this Security In�stn�rnent; and (c) agrees that Lender and any other Borrower can agree ta extend, modify, forbear or cnake any acco�xunadation�s witlx regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to tk►e prvvisians of Section 18, any Successor in Interest of Borrower who assucx�s Borrower's obIigabions under this Security tnstxument in writing, and is a�aproved by Lsr�er, shall obtain alt af 8orrower's rights aud bex��ts u�nder this Security Irsst�rumerct. Borrawer shall not be released from Borrawer's obligatio�.s ax� IiabiIity u►�der this Security Insmunent unless Lexider agrees to sucli reIease in writing. The cave�nts a� �ts o€ this Secw�ity Instn�ent shalI bic� (eacept as providecl i� Seetion 2()} anc� bes�t t�e �rs �d assigns of L.ender. I4. Lo�n Cl�rg�.s. Le�cter may citarge Borrower fees for services perforn� i�e connecti,on with Borrower's default, far t�e p�ase af protecting L.encter's interest in the Property and rights under this Security �rist�� i�lu�ing, bvt not lirnited to, attorneys' fees, property inspection and valuation fees. In regard to any at�r fee.s, the abs�ce of eapress authority in this Security Instnunent to charge a specific fee to Borrower shall not be constrtted as a prohibition on the charging of such fee. Lender may not charge fees that are ezpressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is �rnally interpreted so that the interest or other loan charges collected or ta be collected in connection with the Loan exceed the p�rnutted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any surns already collected from Borrower which exceeded pemutted limits will be refunded to Borrorver. I,ender may choose ta make this refund by redacing the pz owed under the Note or by making a direct payment to Bo� 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 acceptance of any such refund made by direct payment ta Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower ot' I..ender in connection with this Security Instrurnent must be in. writing. Any notice ta Borrower in connectian with this SecuriCy Instruxnent shall be deemed ta have been given to Borrower when mailed by �rst class mail or when actually delivered to Bonrower'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 substituCe notice address by notice to Lender. Borrower shall prornptly notify L.ender of Borrower's change of address. If Lender speci#'tes a procedure for reporting $orrower's change of address, then Borrower shall only report a change of address through that speci�ed procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIPORM INSTRUMENT �-B�NE) (0811) Page 10 of 15 in�s�ais: Form 3028 1/07 � e } t � F; i r