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�0�1�� acceleration has occuned, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of any awazd or claim for damages that aze attributable to the impairment of Lender's interest in the Property aze hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that aze 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 modification of amortization of the sums secured by this 5ecurity Instrument granted by I.ender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizarion of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from tlurd persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument 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 Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that I,ender and any other Bonower can agree to extend, modify, forbeaz or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer. s consent. Sub�ect to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Bonower shall not be released from Bonower's obligarions 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 Secrion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to Bonower shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge fees that aze expressly prohibited by tlus 5ecurity Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan chazges 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 limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment chazge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment to Borrower will consritute a waiver of any right of acrion Bonower might have arising out of such overcharge. 15. Notices. All notices given by Bonower or Lender in connecrion with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument sha11 be deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly norify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Bortower shall only report a change of address through that specified procedure. NEBRA�KA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �-61NE) 1oa� �1 Page 70 of 15 inetais: Form 3028 1/01 �