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��iiQ0��9 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgrnent, precludes farfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this 5ecurity Instrument. The proceeds of <br />any award or claim for damages that are attributable to the itnpairment of Lender's interest in the Property <br />are hereby assigned and sha11 be paid to Lender. <br />All Miscellaneous Proceeds that are not applied ta restoration or repair of the Praperty shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extensian of the time for <br />payment or modification of arnortization of the sums secured by this Security lnstrument granted by Lender <br />to Borrower ar any Successor in Interest of Borrower shall not operate to release the liability of Borrawer <br />ar any Successors in Interest of Borrower. Lender shall not be required to cammence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any deznand made by the original <br />Barrawer or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without lirnitation, Lender's acceptance of payments from third persons, entities or <br />5uccessors 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. Joint and Several Liability; Co-signers; Successors and Assigns Sound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to martgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instzvznent; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower 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 18, any Successor in Interest of Barrower who assuznes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefiCs under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security InsCrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Sorrower fees for services performed in connection wiCh <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 ta, attorneys' fees, property inspection and valuatian fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower sha11 not be construed as a prohibition on the charging of 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 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 />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected frorn Borrower which exceeded permitted <br />limits will be refunded to Borrower. L,�nder may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payrnent 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 canstitute a waiver of any right of action Borrawer might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security lnstrument shall 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 constitute notice ta all Borrowers <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 Ca Lender. Borrower shall prornptly <br />notify Lender of Borrower's change af 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 speci�ed procadure. <br />NEBRASKA - Single Family - Fannia Mee/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) loettl Paae io or i5 �n�t�a�s: Form 3028 1/01 <br />