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201103756 <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 Security Instcum,ent. The proc�ds of <br />any award or claim for damages that Rre attnbutable to the impairment of Lender' s interest in the Properiy <br />are hereby a��ssigned and shall bepa�d to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall 1� <br />applied in the order provided for in Section 2. <br />12. Borrower Not Releasai; Forbearance By Lender Not a Waiver. Extension of the time for <br />PaYment or madification of amortization of the sums secured by this Security Instcinment granted by Lender <br />to Borrowet or any Suc,cessor in Interest of Borrower shall not operate to release the liability of Borrower <br />or �my S�ccessors in Interest of Boaower. I.ender shall not be re�uired to commence Proc�in&g ag�nst <br />any Succe.ssor in Interest of Borrower or ta refuse to extend time far payment or othe�wise modify <br />amortization of the simns secured by this Security Instrument by reason of any demand made by the original <br />Bonower or any Successars in Interest of Borrowe�. Any forbearance by Lender in e�ercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from tbird persons, entitie,s or <br />Successars in Interest of Boxrower or in �nounts less than the amount then due, shall not be a waiver of or <br />pr�lude the exercise of any right or rem+�y, <br />13. Joint �nd 5everal Liabil�ity; Casigners; 5nccessors and Assigns Bound. Bonower covenants <br />and agrees that Borrowez's obligations and liability sl�all he joint and several. However, any Borrower who <br />co-signs this 5ecurity Instcvment but does not exe�ute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to martgage, grant and convey the co-signer' s interest in the Property under the <br />terms of this Sec�nrity Inslrument; (b) is not personally obligated to pay the sums se�►nred by this Security <br />Instivment; and (c) agrees that Lender and any other Borrower can agre,a to extend, modify, forbeaz or <br />make any acxommodations with regazd to the terms of this 5ecurity Instrument or the Note without the <br />co-signer; s consent. <br />Subje�t to the provisions of S�tion 18, any Successor in Interest of Honower who assumes <br />Borrower' s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrawer' s rights �d benefits under this Security Instivment Borrower shall not be rel�ed from <br />Borrower' s obligations and liability undea this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />S�ection 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services perform+ed in connection with <br />Borrower' s default, for the purpose of protecting Lender' s inter�t in the Praperty and rights under this <br />5ecwrity Instrument, including, but not limited to, attorneys� fees, ProP�Y �Pe�tion and valuation fees. <br />In regard to any other fees, the absence of express suthority in this Se�urity Instrument to charge a spacific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prolu'bited by this Seeurity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpzetsd so <br />that the interest or other loan chatges collected or to be collected in connection with the Loan excced the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the peamittecl limit; and (b) any sums aheady collected from Borrower wluch exceeded permittecl <br />limits will be refimded to Bonower. Lende� may choose to make this refimd by reducing the principal <br />oweci under the Note or by making a direct payment to Borrower. If a refund rerluces principal, the <br />reduction will be tr� as a partial prepayment without any prepayment chazge (whether or not a <br />prepayment chazge is provide� for under the Note). Borrower' s acceptance of aay such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overchazge. <br />15. Nof3ces. All notices given by Bonower or Lender in conne�tion with this Security Instrument <br />must be in writing. Any notice to Honower in coimection with this Security Instrument shall be deeme� to <br />have been given to Borrower when maileri by first class mail or when actually delivered to Bonower's <br />notice address if sent by other means. Notice to any one Bonower sball canstitute notice to a11 Borrowers <br />unless Applicable Law expressly raquires othervvise. The notice address sha11 be the Property Addresa <br />unless Bonower has desitgnated a substitute notice address by notice to Lender. Borrower shall promptlY <br />norify Lender of Borrower' s cl�ange of addr�s. If Lender specifies a procedure for reporting Boirower' s <br />chenge of address, then Borrower s�iall only report a change of address through that spECified procedure. <br />2200133693 D V6AN8 <br />N�RASKA - Single Family - FanNe Mae/Freddle Mac UNIFORM INSTRUMENT WITH M <br />�-6A(NE� Ioe�o� Paee �o ot �s inwe�: Form 3028 1/07 <br />� <br />