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201100040 dismiss�cl with a ruling that, in Lender's judgmcnt, precludes fvrfeiturc of the Property or orher material iuxpairmcnt of I.ender's interest in the Property or rights under this Se�urity Instrument. The proceeds of any award or claim for damages that are attributable to thc iuipairment of Lender's interest in the Property are hereby assigned a� shall bep� d to 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; Farbearance By Lendex Not a Waiver. Extensinn af thc time for payment or modification of amorti,zation of the sum,s secured by this Security Instrument granted by Lender to Borrower or any Successor in intcrest af Borrower shall not operate to release the liability af Sorrower or any Sticcessors in Interest of $orrawer. Le�der shall not be required to commeencc proceedings against any Successor in Interest of Borrawor or to retuse to extend time for payment or otherwise modify amortization af the sums secured by this Sccurity Instrument by reason of any demand made by the original Borrower or any Succcssors in Interest of Borrower. Any forbearance by L,ender in exercising any right or rem�dy including, without limi.tation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in acnounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. &yrrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who w-signs this Security Inst�n�ment but docs not executc the Notc (a "co-signer"): (a) is co-signing this Secur.ity Instsument only to mortgage, grant and convey the co-signer's interest i�► the Property under the rerms of this Security Instrument; (b) is nat personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that L.ender and any other Borrower can agree to cxtend, modify, forbear or make any accoriumodations with regard to the terms of this Security Instrument or the Note without the co-si ner's consent. �ubject to khe provisians of Section 1$, any Successar in Interest of Borrower who assumes Borrower's obligativns u�xler this Security Jnstrumcnt in writing, and is approved by Lender, sha11 obtain all of Borrower's rights and bene�ts wider this Security Instrument. Borrower shall not be released from Borcower's obligations and liability under this Se�curity Insirument unless Lender agrees to such relcase in writuig. The coven�ants and ag�reements of this Secarity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services pez�ormed in connection with Bnrrower's default, for the purpose vf pratecting Lender's iuxterest in the Property an�d rights under this Security Instrument, inclnding, but not limitsd to, atWrneys' 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 canstrucd as a prohib'rtion on thc charging of auch fce. Lender may not charge fees that arc expressly prc�hibited by this Secrrrity Instrument or by Applicable Law. If th� Loan is subject to a law which sets maximum loan c�arges, and that law is finally intc�rpreted so khat the in,kerest or other loan charges collected ar to be collected in connection with the Loan exceed the permittcd lunits, then: (a) any such loan charge shall be reduced by the auiount nccessary to reducc thc charge W the penmitted limit; and (b) any sums already coI]ected from Borrower which exceeded permitted limits will be refunded to Borrower. Lend�r may choose to make this refund by reducing the pcincipal owed under the Note ar by making a direct paqment ta Barrower. If a refund reduces prin�cipal, the reduction will be treated as a partial prepaym�ent without any prepayment c�a�rgc (whethcr or nat a prepayment charge is provided for under the Note). Borrower's acceptance af any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All noticcs given by Borrower or Lender in connection with this Security Instrument must be in writing. Any nvtice to Sorrower in connection with this Security Instrument shall be d�emed to have been given to Borrower wb�en mailod by first class mail nr when actually dclivere�i to Borrower's notice address if sent by other means. Notice tc� any one Barrower shall constitute notice to all Borrowers unless Applieable Law expressly requires atherwise. The n,otice address shall be tho Properiy Address unlcss Borrowcr has designated a substitutc notice address by notic,e to Lender. Borrower sha11 promptly IIO[lf� LC�CI' Of BOTiOWCi�B C�18D8G Of 8�T@SS If Len,der specifies a proccdure far reporting Borrowcr's change of address� then Borrower shall only report a changc of address through that speci�ed procedure. 2300019749 � D V6ANE NEBR�SKA - Singte Family - Fannie �I�s/Fnddie Mac UNIFDRM INSTRUM�NT WITH ERS � ��A(NE)losio� Paq� t04T 16 i�;�;.i. Fomi 3Q28 9/01