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20110355C <br />acceleration has occuned, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, pre,cludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of <br />any awazd or claim for damages that aze amibutable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restorarion or repair of the Property shall be <br />applied 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 madification of amortizarion of the sums secured by tlus Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors m Interest of Barrower. 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 otherwise modify <br />amortization of the sums secured by this Security Instrument by re�.son af any demand made by the original <br />Borrower or atty Sucxessors in Interest of Borrower. Any forbeaa�ance by Lender in exercising any right or <br />remedy including, without Iimitation, Lender's acceptance of payments from third �rsons, entiries or <br />Successors in Interest of Borrower or in amounts less than the affiount then due, sha11 not be a waiver of or <br />preelude the exercise of any right or remedY- <br />13. Jflint �d 5e�c�aT Liability; Co-signers; Succe,ssors am3 Assigns Bnund. Borrower covenants <br />and agrees tliat �orrower's obligations and liability shall be joint and several. However, any Borrower wko <br />co-signs this Security Instrument but does not exe,cute the 1Vote (a "co-signer"): (a) is co-signing this <br />Security I�ctrnme�r or�y to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms o£ this Security Instntmern; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and. (c} agrees t�at Lender and any other Borrower caa agree to extend, modify, forbear or <br />make any accommo�aEians with. regar� ta the terms of tY►is Securiiy �nttrnm�,t or the Note without the <br />co-signer's cons�at. <br />3ubje,ct tQ the provtsioffi of Section 18, any Sucr.essor iu Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, arni is approved by 1'.,�der, sha1l obtain <br />all of Borrower's rights and benefits unt�er this S�curity Instrument. &israwer shall not be released from <br />Borrovvver's obligations and Iiability under this Security Instrument unless I,ender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shati bind (except as provided in <br />Section 20) and benefit the suceessors a�i assigns of LeIIder. <br />14. Loaa Charges. Lender may charge Borrower fees for services performed in connecrion with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Securiiy In,stYVffient, including, bu� not limited to, attorneys' fees, property inspe.crion and vatuaCion fees. <br />In regard to any other fees, the absence of exgress authority ia tlus Security Instrument to charge a specific <br />fe.e ta Borrawer shall not be construed as a pro}ubition on the charging of such fee. Lender may not charge <br />fees that aze expressly proflibited by this Security Instrument or by AppTicable I,aw. <br />ff the Loan is subject to a law which sets masimum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be r�uced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums atready collected from Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Banower. 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 Bonower will constitute a waiver of any right of action Bonower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection 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 be.cn 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 notice to all Borrowers <br />unless Applicable La.w expressly requires otherwise. The notice address shall be the Properly Address <br />uuless Bonower has designated a substitute notice address by norice to Lender. Bonower sha11 promptly <br />notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Bonower'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) ros� �� Page 10 of 15 inictais: Form 3028 1/07 <br />0 <br />/ � <br />e 9 V <br />� � <br />