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2 0��Q5173 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lende�s interest in the Property or rights under this Secimty Instrument. The proceeds of any award ar claim for damages tk�at are auribntable to the impairmeat of Lendei's interest in the Property are liereby assigned and shall hepa�d to Lender. All Mi�ellaneous Proceeds ttrat are not applied to restoration or repair of tk►e Properiy sliall be applied in the order provided for in Section 2. 12. Borrower Not Rele�s�d; Forbearanee By Lender Not a Waiver. Extension of the time for payment or modificarion of amortization of the sums secured by this Security Instsument granted by Lender to Boaower or any Successor in Interest of Borrower shall not aperate to release the liability of Borrower or a� Sucxessors in Iaterest of Borrower. Lender shall not be required to commence proceediags against any Success�r in Interest af Borrower or to refuse to extend time for payment or otherwiae modify amortization of the sums secured by this Security Inslxument 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 remedy includin$, without 1'unitatioq Lender's acceptance of paymeuts from third persons, emities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Jourt and 38veral Liability; Co-s9gners; Successors and Assigns Boand. Bonrower covenants and agrees that Banower's obliga#ions and liability shall be joint and several. However, any Bonower who co-signs this Security L�strument but does not execute the Note (a "co-signer"): (a) is co-sigaiag this Security Instrument only to mortgage, grant and convey the co-signer's intere�st in the Property t�nder the terms of t}us Security Instrumetrt; (b) is not personally obligated to pay the sums seciuued by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the temLS of this Security Instrumeut or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowet's obligations nnder this Security Instrument in writing, and is approved by Lender, shatl obtain all of Borrower's rights and benefits under this Security Instaument. Borrower shall not be released from Bonower's obligations and liability under t}�is Security InstYVment unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assi$ns of Lender. 14. Loan Charges. L�nder may charge �onower fees for services performed in com►ecrion with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Inshvme�t, including, but not limited to, attorneys' fees, praperty inspection and valuation fees. In regard to any other fees, the absence of expresa authority in this Security Instxument to charge a specific fee to Borrower shall not be constxued as a prohibition on the ch�ging of such fee. L�ender may not charge fees that are expressly prohibited by this Se,curity Instivment or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and t}�at law is finally interpreted so that the interest or other loan charges collected or to he collected in connection with the Laan exceed the permitted limits, tlien: (a) any such laan charge shall be reduced by the amouat necessary to rednce t�e charge to the permitted limit; and (b) any sums already collected from Borrower wbich exceeded permitted limits will be refunded to Boaower. Lender may choose to make this refund by reducing the principal owed under tlie Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment c}�arge (whether or nat a prepayme� charge is provided for nnder the Note). Brnrower's acceptanae of any such refund made by direct paymeat to Bonower will constitpte a waiver of any right of action Borrower might have arising out of such overcharge. iS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Inst�ument shall be deemed to have been given to Borrower when mailed by first class mail or a+hen actually delivered to Borrower's notice address if sent by other means. Notice to any one Bonower shall constitirte notice to all Borrowers unles�s Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitnte notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Brnrower's change of address, then Borrower sha11 only report a change of address through that specified procalure. NEBRASKA- Stng� Family - FannleMae/FreddieRAaa UMIFORAA INSTRUMEN7 WITH MER �-6A(ME) los�o7 r�aea �a or �s m�ua�s; �u Form 3028 7/01 �� < ai i��!��Z��!�miiaiiaioi