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20��04997 dismissed with a ruling that, in Lender's judgment, pre�ludes forfeiture of the Property or other material impairment of Lender' s interest in the Property or rights under this Security Instrument. T'he proceeds of any awazd or claixn for damages that are attributable to the impairment of Lender's interest in the Property aze hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be appli�i 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 se�ured by this Security Instrument granted by Lender to Borrower 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 proceedings against any Successor in Interest of Bonower or to refuse to eactend 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 forhearance by Lender in ea�ercising any right or remedy 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 Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrces that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Se�urity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this S�urity Instrument only to mortgage, grant and convey the casigner' s inter�t in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Se�urity Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regazd to the terms of this S�urity Instrument or the Note without the co-signer' s consent. Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower' s obligations under this Security Inshvment in writing, and is approved by Lender, shall obtain all of Bonower' s rights and benefits under this Security Instrument. 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 tlus Security Instrument shall 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 performed in conne�tion with Bonower' s default, for the purpose of prot�ting Lender' s interest in the Property and rights under this S�urity Instruanent, including, but not limited to, attorneys' f�, properly inspection and valuation fe�s. In regard to any other fees, the absence of earpress authority in this Se�urity Instrument to charge a specific f� to Bonower shall not be construed as a prohibirion on the charging of such f�. 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 maacimum loan charges, and that law is finally interpreted so that the interest or other loan charges collecte� or to be colla;ted in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount nece.ssary to reduce the charge to the permitted limit; and (b) any sums alre,ady collected from Borrower which excceded permitt� limits will be refunded to Bonower. Lender may choose to make this refiand by reducing the principal owed under the Note or by making a dire�t payment to Bonower. If a refund reduces principal, the reducrion will be trealed as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provid� for under the Note). Borrower' s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. No6ices. All notices given by Borrower or Lender in connection with this Se�curity Instrument must be in writing. Any notice to Bonower in conne�tion with this S�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 Bonower 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 reporting Bonower' s change of address, then Bonower shall only report a change of address through that spe�ified procedure. 11-05-000157 NEBRASKA - Single Family - Fannie INaelFreddte AAac UNIFORM INSTRUAAENT WITH MERS �-6A(NE) (oeto) Page 10 of 15 Initials: � Form 3028 1101 �