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20110i83� <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 judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the 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 Property <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 Lender <br />to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors m Interest of Borrower. Lender sha11 not be required to commence 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 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 limitation, 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 ar <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Lia6ility; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Securiry Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instnunent; and (c) agrces that Lender and any ather 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 cvnsent. <br />Subject ta the pravisians of Section 18, any Successor in Interest of Borrower wha assumes <br />Borrower's abligarions w�er this Secnrity Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrawer's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obIigations and liahitity under this Security Instrument uniess Lender agrees to such release in <br />writing. The covenants and agree�nts of this Security Instnunent shall bind (except as provided in <br />S�tion 20} a� benef�t the s�:�ccessars a� assigns of I,ender. <br />24. Lczan CLarges. L� r�ay charge Barrower fees for services performed in conn�tion with <br />Bonower's �fauit, for the pt►rp�ase of pratecting I.encter's interest in the Property and rights under this <br />Security Inst��un�t, i.�Ivc€ing, ��t Ii�uted ta, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fe�, the abse�e af express authority in this Security Insmiment to charge a specific <br />fee to Borrawer stYall �t be construed as a prohibition on the charging of such fee. Lender may not chazge <br />fees that are expressly prahibited by tfiis Security Instnunent or by Applicabte Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that Iaw is finaily interpreted so <br />that the interest or other loan charges collected or to be collected in connecrion with the Loan exceed the <br />pernutted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the pernutted 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 />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 />dire�t payment to Borrower will constitute a waiver of any right of action Borrower 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 Instnunent 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 to 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 to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower sha11 only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) Ioaiil Page 10 of 15 Initials: FoYm 3028 1/01 <br />m <br />� <br />� <br />r� � <br />