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�011404s0 <br />acceleration has occurred, reinstate as provided in 5ection 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in L,ender's judgment, precludes forfeitur� af the Praperty or other material <br />impairment of L.ender's interest in Che Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's interest in the Paroperty <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. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by I.�nder <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. L,�nder shall not be requiared to commence proceedings against <br />any Successor 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 reasan of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without litnitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joipt and Several Liability; Co-signers; Saccessors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint a�d several. However, any Borrower who <br />co-signs this Security Instnunent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the ca-signer's interest in the Property under the <br />terms of this Security Tnstrument; (b) is not personally obligated to pay the sums secured by this Security <br />Tnstrument; and (c) agr�es that Lender and any ather Barrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 1$, any Successor in Interest of Borrower who assurnes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, sha11 obtain <br />all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borxower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreernents of this Security Instrument shall bind (except as provided in <br />Sectian 20) and benefit the successars and assigns of L.ender. <br />14. Laan Charges. Lender may charge Borrawer fees for services performed in connection with <br />Borrower's default, for the purpose of protecting I.ender's interest in the Froperty and rights under this <br />Security Instrument, including, but not lirnited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this 5ecurity Instrument to charge a specific <br />fee to Barrower shall not be canstrued as a prohibition on the charging af such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets nnaximum loan charges, and that 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 the <br />permitted lirnits, then: (a) any such laan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make 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 />reductian will be treated as a partia� prepayment without any prepayrnent charge (whether or not a <br />prepayznent chaz�ge is provided for under the Note). Borrower's acceptance of any such refund rnade by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />ofsuch overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this 5ecurity Instrument <br />must be in writing. Any notice to Borrower in connectian with this Security Instrurnent shall be deemed to <br />have been given to Borrower when mailed by �rst class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Borrowec shall constitute natice to all Borrowers <br />unless Applicablc 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 />notify L,ender of Borrower's change of address. If L.ender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that speci�ed procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMEN7 JJ <br />�-61NE) iosii� Paae �o ot i5 i��t�ais: '/ Form 3028 9l01 <br />� <br />