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20i102�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 ar rights under this Security Instrument. 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 Borrower shall not operate to release the liability of Borrower or any Successors m 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 amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors ut 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 Bonower or in amounts less than the amount then due, shall not be a waiver of or preclucte the exercise of any right or remedy. 13. Joint and 5everal Liability; Co-signers; 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 Tnstrument but does not execute the Nate (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 Instnunent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accorm�odations with regard to the terms of this Security Instru�nent or ttie Note without the co-signer, s cx�nsent_ Subject to the prQVisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obtigations under this Secvrity Instnunent in writing, anci is agproved by Lender, shali obtain aIl of Borrower's rights anc� benefits under this Security Instnunent. Borrower shatl not be released from Borrower's obtigations and Iiahitity under this Security instrument unless Lender agrees ta such reIease in writing. The covenants and agreements of this Security Instnunent shaII bind (except as provided in Section 20) aud benefit the successors and assigns of I.ender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's �efauit, for tfie Furpose of protecting Lender's interest in the Property and rights under this Security Instr�u�ent, mciuding, b�t not Iimiteci to, attomeys' fees, property inspection and vaivation fees. In regard to aBy ot.he�r fees, tE�e absence af express authority in this Security Instrument to cttarge a speeific fee to Barrawer shatl �t be cQnstn�ect as a prohibition on the charging of such fee. Lender may not charge fees that are eapressiy prohi&ited by this Security Instnunent or by Applicable Law. If the I.oan is subject to a Iaw which sets maaeimum loan charges, and that law is finally interpreted so that the interest or other Ioan charges coliected 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 Borrower which exceaded pernutted 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 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 Bonower might have arising out of such overcharge. 15. Notices. All notices given by Borrower ar 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 a11 Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has designated a substitute notice address by notice to Lender. Bonower shall promptly notify Lender of Borrower's change of address. If Lender speci�es 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 ^ �-6�NE) losi i1 Page 10 of 75 Initials: � �}�-- Form 3028 1/01 m `� J