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201100929 acceleration has occurred, 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 award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. 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 modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. I,ender 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 amortization of the sums secured by this Security Instrument by reason of any demand made by the originai 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 third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, sha11 not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; 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 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 Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security lnstrument or the Note without the eo-signer's corisent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obiigarions under this Security �nstrument in writing, anct is approved by Lender, shall obtain alI of Borrc�wer's rights and benef�ts uuder this Seeurity Instrument. Borrower shall not be reIeased frorn Borrawer's obiigations and Iiability under this Security Instniment untess Lender agrees to such reiease in writing. The covenants auct agreements Qf this Security Instnunent shall bind (except as provided in Section 20) anct benefit the �so�rs and assigns of I.ender. I4. Loan C�rg�es Le� may charge Borrawer fees for services gerformed in conrrecrion with Borrower's default, for t� p�rgase of grotectixig Lender's interest in the Property and rights under this Security Instrument, ir�eFuding, bu� �t Iimited to, attvrneys` fees PmPeriY insgection anci vaivation fees. In regard ta any ather fees, the abs�e of eagre�.s authority in this Security Instnunent to charge a specifc fee to Borrower s�hatl not be cc�nstnzect as a prohibition on the charging of such fee. Lender may not charge f�s that are expressly prohibited by ttus Security Instrument or by Applicable Law. If the Loan is subject tv a law which sets maximum loan charges, and that law is fmally 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 1oan charge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pernutted limits will be refunded to Borrower. 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 charge (whether or not a prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Bonower or Lender in connection 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 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 Bonowers 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 notify L.�nder of Borrower's change of address. If Lender 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 �-61NE) (oai il Page 10 of 15 �nitia�s: Form 3028 1/01 m