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20110322� dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other matetial impairment of Lender's interest in the Propezty or rights under this Security Instrument. The proceeds of any award or claim for damages that aze attributable to the impairment of Lender's interest in the Property are hereby assigned and sha11 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 sunns secured by this 5ecurity Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender sha11 not be required to commence proceedings against any Successoz in Interest of Bonower or to refuse to extend time for payment or othezwise modify amortization of the sums secured by this Security Instrument by reason of any dernand made by the original Borrower or any Successors in Tnterest of Borrower. Any forbeazance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payznents 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 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 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 lnstrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, farbear or make any accommodations with regazd to the terms of tYus Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligatians under ttus Security Instnunent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Secusity Instrument. Bonower shall not be releas�l 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. Loan 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, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to Bonower shall not be construed as a prohibition on the charging of such f�. Lender may not charge fees that are expressly prohibited by this 5ecurity 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 pemritted 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 Bortower which exceeded pernnitted 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 Bonower. If a refund reduces principal, the reduction will he Created as a partial prepayment without any prepayment chazge (whether or not a prepayment chazge is provided for under the Note). Borrower's acceptance of any such refund made hy direct payment to Borrower will constitute a waiver of any right of action Bo�ower might have arising out of such overchazge. 15. Notices. AIl notices given by Borrower or Lender in connection with this 5ecurity Instrument must be in writing. Any notice to Borrower in connection with this 5ecurity Instrument shall be deemal to have been given to Bonower when ma.iled by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly Address unless Bonower has designated a substitute notice address by notice to I,�nder. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Bonawer's change of address, then Bonower sha11 only report a change of address through that specified procedure. V02011.1 NEBRASKA - Single Family - Fannte Mae/Freddte Mac UWIFORM INSTRUMENT WITH �-6A(PIE1 tos�o� Page 10 of 16 miciais: rm 3028 1/01 0