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2oi�o4ao� acceleration has occurred, reinstate as provided in �ction 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, pr�ludes forfeiture of the Property or other material impanrment of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property aze hereby assigned and shall be paid to Lender. AII Miscellaneous Proce�ds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liabiliry of Borrower or any Successors m Interest of Borrower. Lender shall not be required to commence proceedmgs against any Successor in InCarest of Bonower 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 Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or rem�iy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and 5everal Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs Chis Security Instnunent but does not ex�ute the Note (a "co-signer"j: (a) is co-signing this Securiry Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Securiry Instrument; (b) is not personally obligated to pay the sums s�ured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Bozrower who assumes Bonower'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 Instnunent. Borrower 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 Instrument shall bind (except as provided in Secrion 20) and henefit the successors and assigns of Lender. 14. Loan Chacges. Lender may charge Bonower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Securiry Instrument, including, but not lunited to, attomeys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security �nstnunent to chazge a specific fe.e to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge fees that are expressly prohibited by this 5ecurity Instrument or by Applicable I.aw. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan chazges collected or to be collected in connection with the Loan exceed 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 Bonower. Lender may choose to make this zefund by reducing the principal owed under the Nvte or by making a dir�t 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 Borrower will constitute a waiver of any right of action Bonower nnight have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with tYus Security Instrument must be in wriCing. Any notice to Bonower in connection with this Security InsCrument 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 othetwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Bonower's change of address, then Bonower shall only report a change of address through that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �-6(NEf �osi �r Page 70 of 15 Initials: � � i � � A � , F Form 3028 1/01 i�`