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2011035�7 acceleration has occurred, reinstate as providefl in Section 19, by causing the action or procceding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of I.ender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellan�us Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. �rrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument grante� by I.ender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors m Interest of Bonower. Lender shall not be requ�red to commence proce�dmgs against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or any 5uccessors in Interest of Bortower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from tYurd persons, entities or Successors in Interest of Bonower or in amounts less than the aznount then due, shall not be a waiver of or pr�lude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Succes.sors and Assigns Bound. Bonower covenants and agrees that Bonower's obligations and liabiliry shall be joint and several. However, any Bonower who co-signs this Security Insmimment 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 5e�urity Instrument; (b) is not personally obligated to pay the sums s�ure� by this Security Instnunent; and (c) agrees that Lender and any other Bonower. can agres to extend, modify, forbear or make any accommodations with regazd to the terms of this Se�urity Instrument or the Note without the co-signer's consent. Subject to the provisions of 5ection 18, any Successor in Interest of Bonower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under ttus Security Instrument. Borrower shall not be released from Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agrcements of this Security Instrument shatl bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fees for services performefl in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regazd to any other fces, the absence of express authority in this Security Instrument to charge a specific f� to Borrower shall not be construed as a prohibition on the chazging of such fee. Lender may not charge f�s that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan charges collected or to be coll�ted in connection with the Loan excced the permitted 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 Bonower which exceeded permitted limits will be refunded to Borrower. 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 be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Bonower'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 Bonower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this �urity 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 Bonower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Bonower shall promptly notify Lender of Bonower's change of address. If Lender specifies a procedure for regorting Bonower's change of address, then Borrower shall only report a change of address throu that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �-6(NE) (ost �1 Page 10 of 15 inhi : Form 3028 7/01 � � , ° � , �, ,