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201�0301� <br />acceleration has occuned, reinstate as provided in Secrion 19, by causing the acrion or procceding to be <br />dismissed with a n�ling 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 S�urity Instrument. The proceeds of <br />any award or claim for damages that aze attributable to the impairment of Lender's interest in the Property <br />aze hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proc,eeds 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 modificarion of aznortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any S�ccessor in Interest of Borrower sha11 not operate to release the liability of Borrower <br />or any 5uccessors vn Interest of Bonower. Lender shall not be required to commence procee�ngs against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or othervvise modify <br />amortizarion of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any 3uccessors in Interest of Bonower. Any forbearance by Lender in exercising any riglit or <br />remedy including, witliout limitarion, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the aznount then due, sha11 not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint anct Se�eral Liability; Co-signers; Successors and Assigns Botend. Sorrower covenants <br />and agrees that Bormwer's obligations and liability shall be joint and several. I�owever, any Borrower who <br />co-signs this Security instrument hut does not execute the Note (a "co-signer"): (a) is co-sigIIing this <br />Security Insmim.ent only to mortgage, grant and convey the co-signer's interest in the Property vnder the <br />terms of Chis S�ecurity Insttument; (b) is nat personally obligated to gay the sums se.cured by tkis Security <br />Instroment; and (c) agrees that Lender and aay other Borrower can agr� to extend, madify, far�ar or <br />make any accrommodations with regatd to the terms of this Secttrity Instnxment or the Note withou� the <br />ca-signer's eo�,sent. <br />Subject ta the gzo�isioffi of S�tion 18, any Successar in Interest of Borrov�rer who asstunes <br />Bonawer's obligatioffi uuder this Security Instrument in writing, and is approved by Lender, sha1l obtain <br />all of Borrower's rigttts aza� ?seriefits uuder this Secvrity Instrument. Borrower shalI not be releasec� from <br />Borrower's ohligatious aad Iia6ility und�r ti�is Seeurity Instrument unless Lender agrees to such release in <br />writiug. The covenants and. agreements of tYus Security Instrument shall bind (except as pmvided in <br />Section 20) anct bene�t the successors aztd assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the gurpose of protecCing Lender's interest in the Propert� and rights under this <br />Security Instrument, including, but not limi.ted ta, attomeys' fees, property inspecrion and vatuation fees. <br />In regard to any other f�s, the absence of expa�s authority in this Security Instrurnent to charge a specific <br />fee to Borrower shalf not ix construed as a prolubition on the charging of such. fee. Lender may not charge <br />fees that are expzessly prohibited by this 5ecurity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be coll�ted in conneetion with the Loan exceed the <br />permitted limits, then: (a) any such loaII charge shall be reduced by the amount necessary to reduce the <br />chazge to the permitted 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 />o�ved under the Note or by malang a direct payment to Borrower. If a refund reduces principat, 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). Bonower's acceptance of any such refund made by <br />direct payment to Borrower wiil constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All norices given by Borrower or Lender in connecrion with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Bonower's <br />notice address if sent by other means. Notice to any one Borrower shall consritute notice to all Bonowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a subsritute notice address by notice to Lender. Bonower shall promptly <br />norify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />NEBRASICA - Single Family - Fannie Mae/Freddie Mac UNIFORM 1NSTRllMENT <br />�-6(NE) (0911) Page 10 af 15 Initta�s: Form 3028 1/01 <br />� <br />� <br />`�f ��� <br />