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�o�soo3w4 <br />acceleratian has occurred, reinstate as provided in $ectian 19, by causing the action or proceeding to be <br />disznissed with a ruling thaC, in Lender's judgztzent, precludes forf�iture of the Property or other material <br />i�npairment of Lendex's interest in the Property or rights under this S�curity Tnstrument. The proceeds of <br />any award or clairn for damages that are attributable to the impaarment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be <br />applied in the order provided far in Section 2. <br />12. Borrower Not Released; Forbearance Sy Lender Not a Waiver. Extension af the titne for <br />payment or modi�cation of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower sha�l not operaCe to release th� liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall nat be required to commence proceetlings against <br />any Successor in Interest of Borrower or to refuse to exCend time for payment or otherwise modify <br />amortization of the surns secured by this Security Instrument by reason of any demand made by the ariginal <br />Borrower or any Successors in Interest of Bonower. Any forbearance by Lender in exez'cis'tng any right or <br />reme�y including, withaut limitaCion, I.ender's acceptance of payments from third persons, entities or <br />$uccessors in Interest of Borrower or in atnounts less Chan the amount 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. $orrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) xs co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />ternis of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instnunent; and (c) agrees that Lender and any other Borrower can agree to extend, madify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />ca-signer's consent. <br />Subject to the provisions of 5ection IS, any Successor in Interest af Borrower who assurnes <br />Borrower's obligations unde�r this Securiky Instrument in writing, and is approved by Lender, shaIl obtain <br />alI of Borro�er's riglzts and beneftts under this Security Instnunent. Borrower shall not be released firom <br />Borrower's obligations and tiabiIity under this Security Instn unless Lender agrees to such release in <br />writing. 'I'[te covenants anct agre�s of ttssis Security Instnune�nt stiall bind (except as prnvided in <br />Sectian �Q) and bes�e�E che s�ors amd �s.signs of Le�tder. <br />24. I.o�n C�arge�. L.e�der mray c6�ge �orrower fees for services perforrned in connection with <br />Borrower's defauEt, for the p�rpose o€ prote�cting Lender's interest in the Property and rights under this <br />Security Instrnmexit, ineluding, b�t riot Iu�ited to, attorneys' fees, property inspection and valuation fces. <br />in regard to any other fees, the absenee of eapress authority in this Security Instzument ta charge a specific <br />fee to Borrower shall not be canstrued as a prohibition on the charging of such fee. Lender may not charge <br />fees that are eapressly pmhibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets ma.7rirnurn loan charges, and thaC law is �nally interpreted so <br />that the. interest or other loan charges collected or to be collected in connection with the L.oan exceed th� <br />pernutted limits, then: (a) any such loan charge shall be reduced by the amount necessary to re�luce the <br />charge to the pernutted limit; and (b) any sums already collected fram Borrower which exceeded pemutted <br />limits vvill be refunded to Borrower. Lender rnay choose to rnake this refund by reducing the principal <br />owed under the Note ar by making a direct payment to Barrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayr►xent 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 $orrower will canstitute a waiver of any right of action $orrower might have arising out <br />of such overcharge. <br />1S. Notices. All notices given by Boarrower or Lender in connection with this Security Tnstrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by �rst class mail or when actually delivered to $orrower's <br />notice address if sent by other rneans. Notice to any one Borrower shall constitute notice to all Borcowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to L.ender. Borrower shall promptly <br />noCify Lender of Borrower's change of address. If I.Ender speci�es a procedure for repo�ting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />N�BRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) loei i1 Page 10 of 15 Initials: ,¢ Form 3028 1/01 <br />� T,. <br />�\• <br />�\ � � <br />