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201f0309� 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 Properly or rights under this Security Insriument. The proceeds of any award or cla.im for damages that aze attributable to the impairment of Lender's interest in the Properly aze hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds tha.t aze 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. F,lctension of the time for payment or modif'ication of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or auy Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be reqwred to commence pmceedings agaiast any 5uccessar in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortiza.tion of the sums secured by this 5ecurity Inshvment 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 Seoeral Liability; Co-signers; Sncc�sors and Assigns Bonnd. Borrower covenants and agrees that Bortower's obligations and liability shall 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 Security 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. 5ubject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Insirument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Losn Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, properly inspection and valua.tion fees. In regard to any other fees, the absence of express suthority in this Security Insirument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that aze expressly 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 finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the germitted 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 exceeded permitted limits will be refunded to Borrower. Lender ma.y choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. 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 Bonower 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 Inshvment must be in writing. Any notice to Borrower in connection with this 5ecurity 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 constiiute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address sha11 be the Properiy Address unless Borrower has designated a sulsstitute 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 Borrower shall only report a change of address through that specified procedure. NEBRASKA - Single Family - Fannfe Mae/Freddie Mec UNIFORM INSTRUMENT �-6lNE) �oat �a Page 10 af 16 Initlals:� Form 3028 1/01