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201U0971b acceleration has occurred, reinstate as provided in Section l9, by causing the actidn or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender' s interest in the .Property or rights under this Security Instrument. The proceeds oF any award or claim for damages that are attributable to the impairment of �ender' s interest in the Property are hereby assigned and shall be paid ta Lender. All Miscellaneous Proceedti that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Barrower Not Released; Forbearance Sy Lender Not a Waiver. Extension af the time for payment or madification of amortization of the sums secured by this Security Instrument �ranted by Lender to Borrower or any Successpr in Interest of Borrower shall not operate to release the liability of Borrpwer or any Successors in Interest of Borrower. Lender shall not be reguired to commence proceedings against any Successor in Interest af Borrower or to refuse to exCend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or any Successors in lnterest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance of payments frorn third persons, entities or Successors in Interest of Borrower or in amounts less than the amvunt then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Sound. Sarrower covenants and agrees tkiat Borrower's obligations and liability shall be joint azid several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signar"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms af this 5ecurity Instrument; (b) is not personally obligated to pay the sums securad by this 5ecurity Instrument; and (c) agrees that 1.ender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terna5 af this Security lnstrurnent or the Note without the co-signer' s consent. 5ubject to the provisions of Section 18, any Successor in lnterest oF Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower' s rights and benefits under this Security Instrument. Borxawer shall not be released from Borrower' s obligationti and liability under this Security Instrument unless Lend�r agrees to such release in writing. The covenants and agreements of this Security Instrurnent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender rnay charge Borrower fees for services performed in connection with Bprrpwer' s default, for the purpose of protecting Lender' s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee ta Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets nnaximurn loan charges, and that law is fmally interpreted so 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) amy sums already collected from Barrower which exceeded permitted limits will be refunded to Borrower. Lender may choase to make this refund by reducing the principal owed under the Note ar by rnaking a direct pay�ment ta Borrower. lf a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chaxge (whether or not a prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund xnade by direct payment to Borrpwer will constitute a waiver of any right of action Borrpwer might 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 Instrument shall be deemed to have been given to Borrawer when mailed by frst class mail or when actually delivered to Borrower's notice address if sent by other means. 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 substitute notice address by notice to Lender. Borrower shall pramptly notify �ender of Barrower' s change of address. If Lender specifies a procedure for reporting Borrower' s change of address, then Bprrower shall only report a change of address through that specified procedure. 231001 NEBRASKA - Single �amily - Fannie Mae/Freddie Mac UNIFpRM INSTRUMENT �-6(NE) �os� i> Page 10 of 15 Initials: E� M Form 3028 1101 � K �r