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201009788 <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />irnparrment of Lender's interest in the Property or rights under this 5ecurity Tnstrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment aFLender's interest in the Propecty <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in th� order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension oF the time for <br />payment or rnodificatron of amortization ofthe sums secured by ihis Security lnstrument granted by Lender <br />to Borrower or any Successor in Interest oF Borrower shall not operate to relea.se the liability of Borrower <br />or any Successors in Interest af Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of t�ie sums secured by this Security Tnstrument by reason of any demaud made by tbe orrginal <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercrsing any right or <br />remedy including, without limitation, Lender's acceptance of payments fi thixd persons, entities or <br />Successors in Tnterest of Borrower or in amounts less than the arnount then due, shall not be a waiver of or <br />preclude the exercise of any right ar remedy. <br />13. Joint and Several Liability; Co-sigaers; Successors and Assigns Bound. Horrower covenants <br />and agrees that I3orrower's obligations and liability shall be joint and several. However, any k3orrower who <br />co-signs this Secur.ity Instrument but does not 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 />terms af this 5ecurity Instrument; (b) is not personally obligated to pay the surr►s secured by this Security <br />lnsh and (c) agrees that Lender and any other Borrower oan agree to extend, modify, forbear or <br />make any accommadations with regard to the terms af this Security Instrument or the Note withaut the <br />co-signer's consent. <br />Suhject to the provisions of Se�tian 18, any Successor in Interest of Borrower who assumes <br />Borcower's obligations under this Security Instrument in writing, and is approved by I.ender, shall abtain <br />all of Borrower's rights and benefits under this Security Instrument. .8ocrower shall nnt be released from <br />&�rrowcr's obligations a.nd Hability under this 5ecurity Instrument unless Lender agrees to such release in <br />writing. Thc covenants and agreements of this 5ecurity Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and ass�gns of Lender. <br />14. C.aan Charges. Lender may charge E3orrower fees for service,� performed in connection with <br />Borrower's default, For the purpose of pratecting Lender's rnterest in the .Property and rights under this <br />Security Instrunnent, including, but not limited to, attonaeys' fees, property inspection and valuation fees. <br />In regard to any ather £ees, the absence of express authority in thrs Security Instrument to charge a spe�ific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge <br />fees that are expressly prohibited by this 5ecurity Instrument or by Applicable Law. <br />If the Loan is sub�ect to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the .interest or other loan charges collected or to be collected in connection with the T,oan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge tp the pernvtted limit; and (b) any sums already callected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by makrng a direct payment to &�rrower. If a refund �re�luces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayrnent charge is provided for under the Note). �orrower's acceptance af any such refund made by <br />direct payrnent ko Borrower will constitute a waiver of any ri�ht of action .Borrower mrght have arising oat <br />of such ovcrcharge. <br />15. Nutices. All notices given by Borrower or Lender in connection with tl�is Security Insirument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Bnrrower whcn mailed by first class mail or when acivally delivered to Borrower's <br />notice address if sent by other means. Notice to any �ne Borrower shall constiiute notice to all Borrowers <br />unless Applicable Law expressly requires otk�erwise. 'Che notice adc�'ess shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify I�ender of Bprrower's change of address. If Lender specifies a procedure for reporting 13orrnwer's <br />ch. an�e of address, thcn Borrower shall only report a change of address through that speci�ed procedure. <br />2200066269 L1 V6ANE <br />NEBRASKA - Single Family - Fannie MaslFreddle Mac UNIFORM INSTRUMENT WITH MERS <br />�-6A(NE) loelol Paga 10 af 15 �nitials� � Foml 3028 1/01 <br />C> <br />