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��,�� 20110230� 20i1004�2 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 Instrument. The proc,eeds of any award or claim for damages that are attsibutable 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 Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors m Interest of Borrower. Lender sha11 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 Securiry 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 third persons, entities or Successors in Interest of Borrower 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 sha11 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 Securiry 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 Instrument or the Note without the co-signer's consent. Subject to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes Borrower's obligatians under this Security Instn�meni in wriring, and is approved by Lender, shall obtain alI of Borrower's rigttis ar�d benefits under this Secvrity Instrument. Borrower shall not be reieased from Bc�rrower's obligations and liability under this Security Instrument unless Lender agrees to such reiease in writing. The eovenarcts aud ag�ts of this Security Instrument sYiatl bind (except as provided in Section 2Q} a� be�e�'et the �sors ax� assigns of I.erider. 14. Loan Charges. � ma�r charge Barmwer fee.s for services perforr�d in corn►eetion with Borrawer's defau�t, for tl�e p�upose of gmtecting Lender's interest in We Property and rights under this Security Instr�st, inci�.uting, btrt �rt Timited ta, attameys' fees, property inspection and vatuation fees. In regard ta any ot�r fees, the absence of express authority in this Security Instrument ta charge a specific fee ta Borrower s,hali not be construed as a prohibition on the chazging of such fee. Lender may not charge fees that are expressiy prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is fnally 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 pernutted limit; and (b) any sums already collected from Borrower which exceeded permitted 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 Borrower. 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). Borrower'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 Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Bonower 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 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 notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Bonower shall only report a change of address through that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT / �`� (�-6(NE) losi t1 Page 10 of 15 Initials:��O� Form 3028 1/07 � . � ... � , � � .. . .