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�u��oo�� acceleration has occurred, reinstate as provided in Section 19, by causing the action or procceding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture af the Praperty or other material impairment of Lender's interest in the Property or rights under this $ecurity Tnstrument. "The proce�ds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Frocceds that aze not applied to restoration or repaxr of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Farbearance By Lender Not a Waiver. Extension of the time for payrnent or rnodification of amortization of the sums secured by this Security Instrument granted by Lender to $orrower or any Successor in Interest of Bot't'ower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. l.ender shall not be required to cornrnence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrwnent by reason of any demand made by the ariginal Borrower ar any Successors in Tnterest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payrnents from third persons, entiti�s or Successors in Interest of Borrower ox in amounts 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. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Hawever, any Bnrrower who co-signs this $ecurity Instrum�nt but does not execute the Note (a "co-signer"): (a) is co-signing this Securi.ty Instarument only to mortgage, grant and convey the co-signer's interest in the Property under the tem�s of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrurnent; and (c) agrees that L,ender and any other Barrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Tnstrument or the Note without the co-signer's consent. Subject ta the provisians of S�tion 18, any Successar in lnterest of Bonower who assurnes Borrower's obIigaticc�nss �cler this Security Instrtunent in writing, and is appraved by I.ender, shalt abtain all of Borrvwer's rights an� bene�ts under this Security Instrument. Borrower shall not be released from Borrower's ab�igations and liability under this Security Instnunent unless Lender agrees to sueh reIease in writing. The cavenants arid agreements of this Security Instnunent shall bind (except as pravided in. Section 2d) � bene�t the successars a�T assig�s of Lender. �4. Loan C�arges. Lender inay chatge Barrower fees for services perfomied in co�ectian with Borrower's defau[t, for the purpose of pratecting Lender's interest in the Property and rights under this Security Instrtux�xt, itzcluding, but nok limited ta, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence af express authority �n this Security Tnstrument to charge a specific fee to Borrower shalI not be construed as a prohibition on the charging of such fee. L.ender may not chazge fees that are ezpressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a taw which sets maximum laan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the pemutted limits, then: (a) any such loan charge shall be reduced by the amaunt necessary to reduce the charg� to the pernutted limit; and (b) any sums already collected frorn Borrower which exceeded pernutted linnits will be refunded to Borrower. L.ender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Tf a refund reduces principal, the reduction will be treated as a partial prepayrnent without any prepayment charge (whether or not a prepayment charge is provid�d for under the Note). Borrower's acceptance of any such refund made by direct payznent to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Nntices. All notices given by Borrower or Lender in connectian with this Security Instrurnent must be in writing. Any notice to Sorrower in connection with this Security Instrurnent sha,ll be deemed to have been given to Borrower when znailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower sha11 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 L.ender. Borrower shall proznptly notify Lender of Borrower's change of address. If Lender speci�es a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that speci�ed procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUM�NT �-61NE) 108111 Page 10 of 15 Initials: m 3028 1/09 �