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201103382 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling 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 Secu.rity Insmiment. The proceeds of <br />any awazd or claim for damages that aze attributable to the impairment of Lender's interest in the Properly <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Praceeds that are not applied to restoration or repair of the Property shall be <br />appli� in the order provided for in S�rion 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortizarion of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower <br />or any Successors in Interest of Bonower. Lender shall not be reqiured to commence proceedmgs against <br />any Successor in Inter�t of Bonower or to refuse to eztend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, enrities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, sha11 not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; 5ucce.ssors �nd Assigns Bound. Borrower covenants <br />and agre,es that Borrower's obligations and liability shall be joint and sever�. However, any Borrower who <br />co-signs this 5ecuriry Instrument but does not execute the Note �a "co-signer"): (a) is co-signing tYus <br />Security Instruinent only to mortgage, grant and convey the co-signer's interest. in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />�nstrument; and (c} agrees that �,ender aud any other Borrovver c�n agree to extend, modify, forbear or <br />�rrake any a��odations witi� regat� to the terms of this �urFty Instr�xnzent or the Nate without the <br />co-signer's c.onsent. <br />�uh� to tt�e �visiions o� �tien 18, auy Successor i�. Iuterest of Borrovver v�rho assumes <br />Bo�o�rez's �Iiga�curs �udea �s S�it�C �t in vvri�g, � is �p�ve.ct by �.end�r, shalt vbtai� <br />at� of �arm�rer's rig�ets ��efits uccder t�ais Security . Ba�rtowrer s� not be relea�ed from <br />�crrro�res°s ��igations �cd �� ua�ea iF�ns Security I�ns�t tr�l�s I.ender agrees to s�eh release in. <br />wgiit�ng. '�Eie cove�sants �atd of this Sec�aity I� s?�atI bind (except as provided in <br />Sectic�e 2�1�} �. be�efit t�e �ss aad a:ssigs�s o� L�Pea. <br />�4. L�n Cbaages. Y.ender may charge Basrow� f�es €�a seFVices performed in co�ut�tion with <br />Borrav¢+er's �€anatt, for � put�� �f gretecti�ag T.em�er's i�� ia the Proper�y and rights �r t�is <br />�t�r , i�eFu�g, b�e ��t� to, a�m�Y$' �, P�3t ��on a�nd vatuation fees. <br />�e rega�rd tA a�y Q� �, � a� s�f ��s�es�s auih.otity ic� tEais �vrity Ias�vme�t to charge a�ific <br />fee to �ier�o�ves s�a� not be � as a grv��6ition on t�e cFtarging of such fe.e. �.encter may not c�arge <br />fces tizat are expressly pmlubiteci by tfi�s Security Instrument ar by Apgiicable 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 coIlected or to be collected in coimection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to red.uce the <br />charge 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 />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, 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 will consritute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notic�. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Bonower in connecrion with this Security Instrument sha11 be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Bonower shall constitute norice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The norice address shall be the Property Address <br />unless Bonower has designated a substitute notice address by notice to Lender. Bonower shall promptly <br />notify Lender of Bonower'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 />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) 1os� �> Page 10 of 15 Initials• ° � <br />� ��— <br />��� <br />� �� <br />e; <br />Form 3028 7/01 <br />c���j <br />