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2010098�5 dismissed wid► a ruling that, in Lender's judgment, precludes forfe'rtiire of d�e Property or other material impainnent 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 Lender's interest in the Property are hereby assig►►ed and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoraflo�► or repair of die Property shall be applied in the order provided for in 5ection 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of die time for payment or it�odification of amordzaflan of #►e s�ims secured by tl�is SPCUrity Instrrunent grarited by Lender to Borrower or any Sixccessor in Interest of Borrower shall not operate to release the liability of Borrower or any Successvrs in Interest of Borrvwer. Lender shall not be required to commence proceedings against any 5uccessor in Interest of Borrower or to refiise to extend Ume for payment or otherwise modify amortization of the sums secured by this 5ecurity Ir�stniment by reason of any demand made by die original Borrower or any 5uccessors in Interest of Borrower. Any forbeara�ice by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amoimts less tl►an We amount then due, shall not be a wuver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co�signers; Successors and Assigns Bound. Borrower covenants and agrees q�at Borr4wer's abligations and liability shall be joint and several. However, any Borrower who co-signs tliis 5er.urity Instrui�ient but does nnt execute the Note (a "co-signer"): (a) is co-signing U►is Securiry Ii�stniment anly to mnrtgage, grant and convey the co-signer's interest in the Property under die terms of this Security InsU'ument; (b) is not persnnally abligated to �ay the sums secured by diis Security Instrument; and (c) agrees that Lender a�id any oUier Borrower can agree to extend, modify, forbear or make any accomir►odations with re�ard to d�e terms of this Security Instn�«�ent or U►e Note witl►out the co-si ner's consent. �u�jer.t to the provisions of Sectian 18, any 5uccessor in Interest of Borrower who assumes Borrower's obligalions under this Security Instrument in writing, and is approved by l..ender, shall abtain all of Borrower's rights and benef3Ls �u�der this Security Instrument. Borrower shall not be released froyci Borrower's obligations and liabil'rty �mder this 5eciirity Tnstrument unless Lender agrees to such release in writing. The covenants and agreements of tl►is 5ecurity Instri►ment shall bi�►d (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Barrower fees for services perforrt►ed in connection wiW Borrower's defaalt, for We purpose of protecting Lender's interest in die Property and rights mider diis Security Instniment, including, but not limited to, attorneys' fees, property inspecGon and vahiaGon fees. In regard to any other fees, the absence of express authority in this 5ecurity Instrument to charge a specific fee to Borrower shall not I�e construed as a prohibition on the charging of such fee. Lender may not r.harge fees that are expressly prohihited by d�is Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loari �liarges, and that law is finally interpreted so that tlie interest or other loan charges collected or to be collected in connection with die Loan exceed the permitted limits, then: (a) any sucli loan charge shall be red�iced by die amount necessary to reduce d�e r.harge ta the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted linuts will be refimded to Borrower. Lender may choose to i��ake diis refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refimd reduces principal, khe reduction will be treated as a partial prepayrnent withvuk any prepayment ct►arge (whether or not a prepayment charge is provided for tmder the Note). Bonower's acceptance of �ny such refixnd tt�ade by direct payment to Borrower will constitute a waiver of any right of ac.tinn Borrower migl�t have arising out of such overcharge. 15, Notices. All notices given by Borrower or Lender in connection with this Secarity Instnuuent must be in writing. Any notice to Borrower in connection with diis Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when achrally delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers �inless Applicable Law expressly requires otherwise. The notice address shall be the Property Adclress unless Borrower has designated a substitute notice address by notice to Lender. Borrower sh�ll prompdy notify Lender of Borrower's change of address. If Lender speci�es a procedure for reporting Barrawer's change of address, then Borrower shall only report a change of address through that specified prncedure. 001122308972 [pp1122308972] N RASKA - Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH ER5 '�A(Nk� (os�o� Page 10 of �5 Initiais: �r Form 3028 1/01