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