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2oiioo135 <br />diamiased with a ruling that, in, I.ender' s judgment, precludes farfeiture of the Prapeirky ar other material <br />impairment of Lender's int�est in the Froperty ar rights under this Security Instr'ument. The proce�s of <br />any award or clairn far damages that are attributable to thc impa�tnent of I..ender' s interest in the Property <br />are hereby assigned and shall b�e aid ta Lender. <br />AlY Miscellaneous Pro that are not applied to restaratian or repair af the Property shall be <br />applied in the order provided for in 5e�tion 2. <br />12. Borrower Not Released; Forbearance By Lender Not u Wsiver. Extension of the rime for <br />payxt�ent ar modification of amortizarion af the sums s�ured by this 5ecurity InsGrurnent grant� by Lender <br />to Horcower or any Successor in Interest of Barrower sha11 not aperate ta release tUe liability of Borrawer <br />ar any S�ccessors in Interest of �orrower. Lender shall not be required ta commence proceedtngs against <br />any Succesaar in Interest of Borrawer or to rafuse to extend t�me for payment or otherwise modify <br />amortization of the sums secured by this Security Ins�ument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Horrower. Any forbearance by Lender in e�cercising any right ar <br />remedy including, without limitation, Lender's acceptance of payments from third peraons, entities or <br />Successors in Interest of Borrower ar in amounts less than tlie amount then due, aha11 not be a waiver of or <br />pr�lude the exercise of any �ght or remedy. <br />13. Joint and Several Li�bility; Cv-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Barrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this 5ecurity Insbrument but does nat execute the Nate (a "co-signer"): (a) is c:o-signing this <br />Security Instrument only to xnortgage, grant and convey the ca-signer` s interest in the Property under the <br />terms af this 5ecurity Instrument; (b) is not personally obligated to pay tt�e sums s�ured hy this Security <br />Instrument; and (c) agrces that L.ender and any other Borrower can agrea to �tend, m�dify, forbear or <br />make any accammodations with regard ta the tercns of this Sect�ity Inst►wnent or the Note without the <br />casigner' s consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assuznes <br />Borrower's obligations under thia Security Insbrument in writing, and is approved by Lendear, shall obtain <br />all of Borrower' s rights and benefits under this Security Inslrument. Borrower shall not be released from <br />Borrower' s obligations and liability under this S�urity Instrument unless Lender agrees to such release in <br />writing. T'he cavenants and agreements of this Secuxity Inshwnent sha11 bind (except as provided in <br />5ection 20) and benefit the successors and assigns of Lender_ <br />14. Loan Charges. Lender may charge Borrower fees far services performed in connection with <br />Horrower' s default, for the purpose af protecting Lender' s interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attomeys' fees, property inspection an.d valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Insbrument ta charge a specific <br />fce to Borrower shall nat be coit�.qtrued as a prohibition on the charging af such fee. Lender ma,y nat charge <br />fees that are expressly prohibite� by this Secwity Insttument or by Applicable Law. <br />If the Loan is subject to a law vahich sets maximum loan charges, and that law is finally interpzeted so <br />that the irrterest ar other loan charges collected or to be r�llected in cormect�ion with the Loan e7cceed the <br />permitte�l limits, then: (a) any such loan charge shall be reducaci by the mnount necessary to reduce the <br />charge to the permitted limit; and (b) any sums ah'eady collect� from Borrawer which exce�d pern►itted <br />limits will be refunded to Borrower. I,aYder may choose to make this refund by reducing the principal <br />owad under tlxe Nate or by making a direct paym0nt to Bax:�'ower. If a refund reduceg principal, the <br />reductiox� will be treated as a partial prep�yment without any prepayment charge (whether or not a <br />prepayment charge is provided far under the Note). Boxa�ower' s acceptance of ar�y sueh refirnd made by <br />direct payment to Borrower will consti.tute a waiver af any right of acbion Horrower might have arising out <br />of such overcharge. <br />15. Notices. All nptices given by Borrower ar Lender in cnnnection with this S�urity Instnunent <br />znust be in writing. Any notice to Borrawer in connection with this 5ecurity Instrument shall be deemed to <br />have been given to Borrower when mailed by first class rnail or when actually delivered to Borrower' a <br />notice address if sent by othex' means. Notice to ar�y one Barrow�er sha11 constitute natice to all Borrowers <br />unless Applicable Law expressly requizes otherwise. The notice addresa shall be the Property Acldress <br />unless Horrower has des�gnated a substitute notice address by natice to Lender. Borrower shall P�P�Y <br />notify Lex�der of Borrower's change of address. If Lender apecifies a procedure for reporting Borr�wer's <br />cl�$e af address, then Borrower shall only report a change af address through tlaat specified procedura. <br />22Q0081627 D V6At�i� <br />NEHFlASKA - 5ingle Fsmily - Fannla MaelFreddle Mac UNIFORM INSTRUMF�IT WITH � <br />�-6A(NE) (oe�ol Pape 70 oi 75 �n Form 9028 7/01 <br />�i <br />