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201102624 <br />acceleration has occLirred, reinstate as provided in Section 19, by causing the action ar procceding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other inaterial <br />impainnent of Lender's interest in the Property ar rights under this Security Instrument. The proceeds of <br />any uwurd or claim for damsgeti Ihal are allributable lci the impairmenl of Lender's interest in lhe Properly <br />are hereby assigned and shall be paid to Lender. <br />All Miscdiancous Proccads that arc not applicd to restoration or rcpair oF thc Property shall bc <br />applied in the order provided ti�r in Section Z. <br />12. Borrower Not Rcleased; Forbcarance By Lender Not a Waiver. Extension of the time for <br />payment or modification of am<�rtization of the sums sccured by this Security Instnunent granted by Lender <br />to Borrowcr or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Succcssors in Intcrest of Iiorrowcr. Lcndcr shall not bc rcquircd to commcncc procccdings against <br />any Successor in Interest of Borrower or to refiise to extend time for paymeal or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand �nade by the original <br />Borrower or any Successors in lnterest of Borrower. My fc�rbearance hy Lender in exercising any right or <br />rcincdy including, without liinitation, Lcndcr's acccptancc of paynlcnts fruin third persons, cntitics or <br />Successors in Interest of Borrower or in amounts less than the amount thcn due, shall not be a waiver of or <br />preclude the exercise of any right or reuiedy. <br />13. .Toint and Several Liability; Co-signers; Successors and Assigns Bound. Borrowcr covcnants <br />and agre�s that Borrowcr's obligations and liability shall be joint and severaL Ilowevcr, any Borrower who <br />co-signs this Security Instruincnt but does not execute the Note (a "co-signer"): (a) is co-signing ihis <br />Security Instnunent only to mortgage, grant and convey thr co-signer's interest in the PropeMy under the <br />icrms of this Sccurity Instnimcnt; (b) is not personally obligatcd to pay thc smns sccurcd by this Sccurity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to exlend, inodify, t��rbear or <br />uiake any accoinmodations with regard to the terms of lhis Security Instnunenl ar the Note without the <br />co-signer's consenl. <br />Sttbject to the rrovisions of Section 18, any Succcssor in Interest of Borrower who assuines <br />Borrower'ti uhligatiuns under lhis Security Instrinnenl in wri(ing, �nd is approvu] by Lender, shall uMain <br />all of Borrower's rights and benefits under this Security Instniment. Borrower shall not be released ltom <br />Bonowcr's obligations and liability undcr this Sccurity Instrumcnt unlcss Lcndcr agrccs to such rcicasc in <br />writing. The covenants and agreeinents af this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lendcr_ <br />14. Loan Charges. Lender may char�e Borrower fces for scrvices perl��nned in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instniinent, including, biit oot limited to, attorneys' tees, property inspection and valuation lees_ <br />In rcgard to any othcr fccs, thc abscncc of cxpress authority in this Sccurity Instnuncnt to chargc a spccific <br />fee to Borrower shall not be construed as a prohibition on Ihe charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law_ <br />If the Loan is subject to a law which sets inaximun� loan charges, and that law is finally inierpreted so <br />that tlie inierest or othcr loan charges collectecl or to be collected in connection with the Loan exceed ihe <br />pennitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />chargc to thc permittcd limit; and (b) any sums alrcady collcctcd from Borrowcr which cxcccdcd permittcd <br />limits will be relunded to Borrower. Lender may choose to makc this refund by reducing the principal <br />owed under the Notc or by making a direct paymeni to i3orrower_ If a refund reduces principal the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prcpaymart chargc is providcd for undcr thc Notc). Borrowcr's acccptancc of any such rcfund madc by <br />direct paytnent to Bonower will constitute a waiver of any right of action Borrower might have arisin� out <br />ofsuch overcharge_ <br />15. Notiees. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing_ My notice to Borrower in cotmection with this Security Instrument shall be deetned to <br />have been given to Bonower when mailed by tirst class inail or when actually delivered to Borrower's <br />noticc address if scnt by othcr mcans. Noticc to any onc Borrowcr shall constitutc noticc to all Borrowcrs <br />unless Applicable Law expressly requires otherwise. The noticc address shall bc the Property Address <br />unletis Burrower h�ti designated a tiubslilule nolice address by nolice lo LenJer. I3orrower shall prumrtly <br />notify Lender of Borrower's change of addmss. If Lender specities a procedure ior rePorting Borrower's <br />changc of address, thcn Borrowcr sl�all only rcporl a changc of address through that spccificd proccdurc. <br />NEBRASKA- Single Family - FannieMae/Freddie Mac UNIFORM INSTRUMENT'i'U�� � <br />�-6(NE) �oe�i� Page 10 of 15 Ini �ai5 �� Form 3028 1/01 <br />