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20��oo2s5 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or praceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or ofher material <br />impairment of Lender'ti interest in the Prpperty or rights under this Security Instrument. The proceeds of <br />any award ar clairn for damages that are attributable to the impairment of Lender's inter�st in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Sorrower Nat Released; Forbearance Sy Lender Not a Waiver. Extension of the time for <br />payment or modification of amartization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any 5uccessor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to cornrnence proceedings against <br />any Succesaor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />arnortization of the sums secured by this Security Instrument by reason o£ any demand made by the original <br />Barrawer or any 5uccessors in Interest of Borrower. Any fnrbearance by Lender in exercising any right or <br />rernedy including, without limitation, Lender' s acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amaunt then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Sorrower's obligations and liability shall be joint and several. However, any Sorrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's incerest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instxument; and (c) agrees that Lender and any other Borrower can agree to extend, rnadify, forbear or <br />make any acepmmodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer' s consent. <br />Subject to tk�e provisipn5 of Section 18, any Successor in Interest of Borrower who assuzxaes <br />Borrower' s obligations under this Security Instrument in writing, and is appraved by Lender, shall obtain <br />all of Borrower's ri�hts and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower' s obligations and liabiliry under this Security Instz'ument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Barrower faes for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspectian and valuation fees. <br />In regard to any other fees, the absence of express authority in this 5ecurity Instrument to charge a speci�c <br />fee to Borrower shall not be construed as a prohibition on the chargin� of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. <br />If the Loan is subject to a law wk�ich sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />pecmittad limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge ta the permitted limit; and (b) any sums already collected frorn Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may chaase ta rnake this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower migk�t have arising out <br />of such nvercharge. <br />15. Notices. All notices given by Sorrower or I..ender in cpnnection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security lnstrument sha11 be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Borrower shall canstitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Froperty Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified pracedure. <br />231p39 <br />NEBRASKA - Single Family - Fannie M ae/Freddie M ac UNIFORM INSTRUM ENT <br />�-s(N�) (0811) Page10of 15 Initial3: �� Form 3028 1/D1 <br />� <br />