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20110545� acceleration has occurred, reinstate as provided in Section 19, by causing the action or proce�ing to be dismisse�i with a ruling that, in Lender's judgment, pr�ludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The procceds of any awazd or claim for damages that aze attributable to the impairment of Lender's interest in the Property aze hereby assigned and sha11 be paid to Lender. All Miscellan�us Proceeds 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 Releas�; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums s�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 Bonower or any Successors in Interest of Borrower. I,ender shall not be reqwre� to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify aznortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors 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, enrities 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 As.signs Bound. Bonower covenants and agr�s that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instivment but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of tlus Se�urity Instrument; (b) is not personally obligated to pay the sums secured by this 5eaurity 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 Security Instrument or the Note without the co-signer, s consent. Sub��t 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 Bonower's rights and benefits under this Security Insmunent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless I.ender agr�s to such release in writing. The covenants and agreements of this Security Instnunent shall bind (except as provided in 5ection 20) and benefit the successors and assigns of Lender. 14. Iman Charg�. Lender may charge Bonower fees for services performed in connection with Bonower's default, for the purpose of prot�ting Lender's interest in the Property and rights under this Securiry Instrument, including, but not limited to, attomeys' fces, properly inspecrion and valuation fees. In regard to any other f�s, the absence of express authority in this Security Instrument to charge a specific f� to Bonower shall not be construed as a prohibirion on the charging of such fee. Lender may not charge fces that aze expressly prohibite� by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpretefl so that the interest or other loan chatges coll�te� or to be collected in connection with the Loan exc.eeci the permitted 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 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 dir�t payment to Bonower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All norices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security 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 consritute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properiy Address unless Bonower has designatefl a subsritute notice address by norice 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 Borrower shall only report a change of address through that sp�ified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �-6(NE) (08111 Page 10 of 15 �nit�als: Form 3028 1/07 � , ��