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20110026p <br />(i) any exerciae by the halder of any other debt instrument secured by a mortgage, <br />deed af trust or deed to secur� debt on the Mortgaged Property of a right tn declarc all amounts <br />due under that debt instrument immediately due and payable. <br />23. REMEDIES CUMULATIVE. <br />Each righC and remedy provided in this Instrument is distinct from all nther rights or <br />remedies undcr this Instrument or any other Loan Document or afforded by applicable law, and <br />each shall be cumulative and may be exercised concurrently, independently, ar successively, in <br />any order. <br />Z4. FORSEARANCE. <br />(a) Lender may (but shall not bc obligated to) a�r,ree with Borror�ver, from time to time, <br />and without giving notice to, ar abtaining the consent nf, or having any �ffect upon the obligatians <br />af, any guarantor or other third pariy obligoar, to take any of the following actions: extend the time <br />for payment of all or any part of the Indebtedness; reduce the payments due undcr this Instrument, <br />the Nate, or any other Loan Document; release anyane liable for the payment of any amaunts under <br />this Instrument, the Note, or any other Laan Document; accept a renewal of the Note; modify the <br />terms and time qf payment af the Tndebtedness; join in any extension ar subordination a�,reement; <br />release any Martgaged Property; take ar release other or additional s�curity; modify the rate of <br />interest or periad af amortization of th� Nate ar change the amaurit af the monthly installments <br />payable under the Note; and otherwise modify this Instrument, the Note, ar any other Laan <br />Document. <br />(b) Any farbearance by Lendcr in ex�rcising any right or remedy under the Note, this <br />Tnstnunent, ar any other Loan Document or otherwise afForded by applicable law, shall not be a <br />waiver of or preclude the exercise of any other right or remedy. The acceptance by Lender of <br />payment of all or any part of the Indebtedness after the due date of such payment, or in an amour�t <br />which is less than th� required payment, shall not be a waiver of Lender's right to require prompt <br />payment when due of all other payments on accaunt of the Indebtedness nr tn exercise any remedies <br />for any failure ta make prompt payment. Enforcement by Lender of any security for the <br />lndebtedness shall nat constitute an electian by Lender af remedies so as to preclude the exercise af <br />any other right available to Lcnder. Lender's receipt of any awards or praceeds under Sections 19 <br />and 2U shall not operate to cure or waive any Event of Dcfault. <br />2S. LOAN CHARGES, <br />If any applicablc law limiting the amownt af interest ar other chargcs permitted to be <br />collected from Borrower is interpreted so that any charge pro�vided for in any Loan Document, <br />whether considered scparatcly or togcthcr with othcr chargcs lcvicd in connection with any other <br />T,oan Document, violatcs that law, and Borrower is cntiticd to the benefit vf that law, that charge is <br />hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously <br />paid to Lender in exccss of the p�rmitted amounts shall be applied by Lender to reduce the principal <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4Q28 Ob/09 Page 32 <br />NEBRASKA <br />� 1997-2009 Fannie Mae <br />