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201009708 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding ta be dismissed with a ruling that, in Lender's jndgmenc, precludes forfeiture of the Property or other rnacerial impairment of Lender's interest in the Property or rights under this SecuriCy Instrument. The proceeds of any award ar claim for damages that are attributable to Che impairment of Lender's interest in the Property are hereby assigned and shall be paid ta Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance By Lender Nat a Waiver. Extension of the time for payrnent or modification of amortization of the sums secured by this Security Instrurnent granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. I..ender shall not be required to commence proceedings against any Successor in Interest af Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reasan of any demand made by the original Borrower or any Successors in Interest af Borrower. Any forbearance by Lender in exercising any right or rernedy ►ncluding, without limitation, I..ender's acceptance oP paynnents from third persons, entities or Successors in Interest af Borrower or in amounts less than the arnount then due, shall not be a waiver of or preclude the exercise of any right ar remedy. 13. doint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability sha11 be joint and several. However, any Borrower who co-signs this Security Instrument but daes not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to rnortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Barrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer: s consent. SubJect to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by I..ender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument sh�ll bind (except as pravided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express autharity in this Security Instrument to charge a speci�c f�e to Barrower shall noC be construed as a prohibition on the charging of such fee. L.ender may not charge fees that are expressly prohibited by this Security Tnstrurnent or by Applicable Law. If the Loan is subject to a law which sets maximum laan charges, and that law is finally interpreted sa that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted 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 fz'om Borrower which exceeded permitted limits will be refiuided to Borrower. Lender may choose to make this refund by reducing the principal owed under th� Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayrnent charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrowex might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Tnstrurnent rnust be in writing. Any natice to Borrower in connectian with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when actually d�livered to Borrower's notice address if sent by ocher means. Notice to any one Borrower shall constitute notice ta all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has dssignated a substitute notice address by notice to Lender. Borrower shall promptly notify I.ender of Borrower's change of address. If Lender specifies a procedure for reporting Borrowex's change of address, then Bonower shall pnly report a change of address through that specified procedure. NEBRASKA - Single Family - Fannie Mpa/Freddie Mac UNIFORM INSTRUMENT �-BINE► ioai �� Page 10 of 15 in�t�ais: r� Form 3028 1l09 ��