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201 0095�� acceleration has occurred, reinstate as provided in Section 19, by causing the action ar proceeding to be dismissed with a ruling that, in Lez�der's judgment, precludes forfeiture of the Property or other ma,terial irnpairment of Lender's interest in the Property or rights under this Security Instnunent. T'he proceeds of any awazd or claim for darnages that are atcributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneaus Proceeds that are not applied to restoratian 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 time for payment or tnodi�cation of amortization of the sums secured by this Secur�ty Instnunent granted by Lender to Borrower or any Successor in Interest af Barrower shall not aperate to release the liability of Borrower or any Successors m Interest of Bonower. Lender shall not be required to commence proccedmgs against any Successor in Interest af Borrower or to refuse ta extend tirne for payXnent or otherwise madify amortization of the sums secured by chis 5ecurity Instrument by reasan af any demand made by the original Borrower or any Successors in Interest of Borrow�r. Any farbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of paym�nts from third persons, entities or Successors in Interest of Borrower or in amounts less than the arnount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Ca-signers; Successors and Assigns Boand. Borrower covenants and agrees that Bonrower's obligations and liability shall be joint and several. However, any Borrower who CO-S1�IlS T111S Security Instrurnent but does not execute the Note (a "co-signar"): (a) is co-signing th.is Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tern� of this Security Instnunent; (b) is not p�rsonally obligated to pay the sutt�s secured by this Security Instnunent; and (c) agrees that Lender and any other $orrower can agree to extend, modify, forbeaz or make any accornrnodations with regard to the terms of this Security Instrun�ent or the Note withaut the co-signer's consent. Subject to the provisi,ox�s O� SBGkLpIl 1$, any Successor in Interest of Borrower wha assuines Borrawer's obIigations under this Security Instrument in writing, and is approved by Lender, sha11 vbtain all of Harrower's rights and benefits vnder this Security Instr�ur�nt. Borrower sharll not be released from Borrower's obligatioxTS and Iiability under this Security Instrument unless Lender agrees to such reiease in writing_ 'FI�e covenants and agr�ts of ttsis Security Tnstn�t shal! bind (eacept as provided in Section 2D) and be,�e�t the svc�.sars aad assigns of Lencler. l4. Lo�a C6ar�c. I„ender may charge Borrower fees for services perforn� in car�ectian with Barrower's d��tt, fo� th� pvrpose af protecting Lender's interest in the Praperty and rights uasder this Security Instrurn�x�t, ia�luding, but �t lirnitad to, attarneys' fees, property inspection and valuation Fees. In regard to any other f�s, the absence of express authority in this Security Instrurnent to charge a speci�c fee to Borrower shall not be construed as a prohibition on the charging af such fee. Lender may not charge fees that are ezpressly prohibited by this Security Instrurnent or by Applicable Law. If the Loan is subject to a law which sets maximum laan charges, and that law is finally interpreted so that the interest or other loan charges collecCed or to be collected in connectian with the Loan. exceed the pernutted 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 sums already collected from Borrower which exceeded permitted lirnits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owe� under the Nate ar by rnaking a direct payrnent to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayrnent chaz'ge (whether or not a prepayrnent charge is provided far under the Note). Borrower's acceptance of any such refund made by direct payrnent to Borrower will constitute a waiver of any right of action Borrower rnight have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrurnent shall be deemed to have been given to Sorrower when rnailed by first class nnail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice ta all Borrawers unless Applicable La�uv expressly requires otherwise. 'I7�e notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify I.,ender of Borrower's change of address. If L.ender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. NEBRASKA - Singie Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT ^� �-B�NE) (0811) Page 10 of 15 inir i�'� Form 3028 7/07 � � 71 � t i �� } .� � � �