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201103877 <br />accelerarion has occurred, reinstate as provided in Section 19, by causing the action or proc,eeding 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 Properry or rights under this Security Instrument. The proceeds of <br />any awazd or claim for damages that are 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 tha,t are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in 5ection 2. <br />12. &�rrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortizarion of the su,ms 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 Borrower. Lender shall not be r�uu�ed to commence proceedings against <br />any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify <br />amortizarion 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 />remeciy including, without limitati,on, Lender's acceptauce of payments from third persons, entities or <br />Successors in Interest af Borrawer or in amounts less than the amount then due, sha�l not be a waiver of or <br />greclude the exercise of aay righ� or remedy. <br />I3. JcfiBt and Severai I�ia6�ity; Co-sig�eers; Su�cessoss s�nd Assigns Bottmd. Borrower covenants <br />and agrees that Borrower's obligations aad liability shall be loint agd several. However, aay Borrower who <br />co-signs this Security TnstrUment but does not e�ecute the Note (a "co-signer"}: (a) is co-signing titis <br />Security I�strument onty to mcrrtgage, grant and convey the ce-siguer's interest in ttte Froperty under the <br />terms of this Security Instru�nent; (b) is not personally obtigatec� tQ pay tfie sums secured by this Security <br />Instr�ent; axtd (c) agr�s that Lender and any other Borrower c�n agree to extend, modify, forbear or <br />maI�e any accommodatians with regard to the terms of this Security Instrument or the Note without the <br />co-signer's co�tsent. <br />Subject to the prQVisions of �CtioII 18, any Successor in �terest of Bflrrower who assumes <br />Borrower's obligations uncter this S�ity Instrument in writing, arn� is approved by Lender, shall ohtain <br />aII of Bonowes's rigfits and benefts under this Security ?�� Borrower shall uot be released from <br />Borrawer's ohligations aud Iia�fiility nztder this Security Instrument vntess Lender agrees to such release in <br />writing. The covenants anct agreements of this Security Tnstrument shall bind (except as provided in <br />5ection 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in conne,ction with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instn�meIIt, including, but not limited to, attomeys' fees, property inspecrion aud valuarion fees. <br />In regard to any other fees, t�e absence of express authority in this 3ecurity Instrument to charge �. specific <br />fe,e to Bonower shall not be construe� as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibit� by this Se�urity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum 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 Ioan charge shall be reduced by the amount necessary to reduce the <br />charge to the pennitted limit; and (b) any sums already collected from �orrower which exceeded �rmitted <br />limits will be refunded to Borrower. Lender may choose to make ttus refund by reducing the principal <br />owed under the Note or by maldng 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 Borrower will constitute a waiver of any riglit of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instnunent shall be deemed to <br />have been given to Bonower when mailed by first class ma.il 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 notice address shall be the Property Address <br />unless Bonower has designated a substitute norice address by norice to Lender. Bonower sha11 promptly <br />notify Lender of Borrower's change of address. If Lender specifies a pracedure for reporting Bonower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />IVEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6{NE) loat �) Page 10 of 15 Initials: !/� Form 3028 7/01 <br />� <br />