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20�10546� disxnissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impaument of Lender' s interest in the Properiy or rights under this Security Instrument. The proceeds of any awazd or claim for damages that are �ttributable to the impairment of Lender' s interest in the Property are hereby assigned and sha11 be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property sha11 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 amortizaxion of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Bonower sha11 not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender sha11 not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortiration 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 lixnitation, Lender' s acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, sha11 not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Snccessors and Assigns Bound. Bonower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who casigns this Security Instrument 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 this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make any accomxnodations 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 Borrower who assumes Bonower' s obligations under this Security Instrument in writing, and is approved by Lender, sha11 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 this 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 connection with Bonower' s default, for the purpose of protecting Lender' s interes�t in the Property and rights under this Security Instrumerrt, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that aze expressly prohibited by this Security Insttument or by Applicable Law. 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 charges collected or to be collected in connection with the Loan etcceed the permitted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums alrea.dy collected from Bonower which exceeded permitted limits will be refunded to Bonower. 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 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 might ha.ve arising out of such overchazge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any norice to Bonower 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 Bonower' s notice address if sent by other means. Notice to any one Borrower sha11 constitute notice to a11 Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Bonower sha11 promptly notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Bonower' s change of address, then Bonower sha11 only report a change of address through that specified procedure. 2200093902 D V6ANE NEBRASKA - Single Femily - Fannle Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS �-BA(NE) f0610) Page 10 of tb Inkials: Form 3028 7/01 �