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2�1i�3��9 acceleration has occurred, reinstate as provided in 5ection 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of any awazd or claim for damages that are attributable to the impairtnent of Lender's interest in the Property aze hereby assigned and shall be paid to Lender. All Miscellan�us Prareeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in S�tion 2. 12. Borrower 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 granted by Lender to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender shall not be required to commence proceedmgs against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortizarion of the sums secured by this Security Instnunent by reason of any demand made by the original Bonower or any Suc.cessors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or 5uccessors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or pr�lude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Bonower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not ex�ute the Note (a "co-signer"): (a) is co-signing this Security Instnunent only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums s�ured by this Security Instrument; and (c) agre�s that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Securiry Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instnunent. Bonower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instnunent shall bind (except as provided in Section 20) and benefit the suc.cessors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fces for services performed 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, attorneys' fees, properly inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Securiry Instrument to chazge a sp�ific fee to Bonower shall not be construed as a prohibition on the chazging of such fee. Lender may not charge f�s that are 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 coll�ted or to be collected in connection with the Loan exceed the permittefl limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which excceded 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 Borrower. If a refund reduces principal, the reduction will be treated as a paztial prepayment without any prepayment chazge (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 L,ender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Inst�vment shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Bonower's change of address, then Borrower sha11 only report a change of address through that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �-6(NE) 108171 Page 70 of 15 Initials: orm 3028 1/07 e Y ' �.i .. . �� . , V