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2011044�� acceleration has occurred, reinstate as provided in Section 19, by causing tha action or proceeding to be dismissed with a ruling that, in Lender's judgrnent, precludes forfeiture of the Property ar other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment af L,ender's interest in the Property are hereby assigned and shall be paid to L.ender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modi�cation of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate Co release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successar in Interest of Barrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand rnade by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, I,,ender's acceptance of payments from third persons, entities or Successors in Interest af Barrower or in amounts less than the amount then due, shall not be a waiver of oz' 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. However, any Borrower who co-signs this Security Tnstrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security �nstruznent; (b) is not personally obligated to pay the sums secured by this Security Instrurnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accammodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assu�nes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all af Borrower's rights and benefits under this Security Instruraent. Borrower shall not be released from Barrawer's obligatians and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and bene�t the successors and assigns of L,ender. 14. Loan Charges. Lender may charge Borrower fees For services performed in connectian with Borrower's default, fox the purpose of protecting L,ender's interest in the 1'roperty and rights under this Security Instnunent, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrurnent to chaxge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. lf the Loan is subject to a law which sets maximum loan 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 permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lirnit; and (b) any surns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender rnay choose to make this refund by reducing the principal owed under the Note or by nnalcing a direct payment to Borrower. lf a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver af any right of action Borrower might have arising out ofsuch overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security instrurnent shall be deerned to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrawers unless Applicable Law expressly requires otherwise. The notics address shall be the Property Address unless Borrower has designated a substitute natice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If L.ender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT j_� ' /n �-6�NE) (o8tt1 Peaa 10 of 15 �nitia�s: �/�-� Form 3028 1/01