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�01105��9 dismissed with a ruling that, in I.ender's judgment, precludes forfeiture of the Property or other material impairment of Lende�'s interest in the Properiy or rights under this Security Instrument. The proceeds of any award or claim far damages that are attnbutable to the impairment of Lender' s interest in the Properly are hereby a�ssigned and shall be paid to Lender. All Miscellaneous 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 far payment or modification of amortir,ation of the sums s�ured by this Se�urity Instrument granted by Lendar to Borrower or any S�ccessor in I�est of Borrower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. I.ender shall not be require� to commence proce,edings against any Succe.ssor in Inte�est of Borrower or to refuse to extend time for payment or otherwise modify amortir,ation 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, entities or Successors in interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pr�lude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Snccessors and Assigns Bound. Borrower covenants and agrees that Bonower' s obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not exe�ute the Note (a "co-signer"): (a) is co-signing this S�urity Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the terms of tUis Security Instrument; (b) is not personally obligated to pay the sums sacured by this Seivrity Instrument; and (c} agr�s that Lender and any other Borrower c�n 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. Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower' s obligations under this Sacurity Insbrument in writing, and is approved by Lender, sha11 obtain all of Borrower's rights and benefits under this Se�urity Insttvment. Borrower shall not be rel� from Borrower' s obligations and liability under this Se�urity Insaument unless Lende� agrees to such release in writing. The cov�►ants 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. I.ender may charge Bonower fees for services performed in connection with Borrower' s default, for the purpose of protecting Lender' s intere.st in the Property and rights under this Security Instrument, including, but not limited to, attorneys° fees, property inspe�tion and valuation fe�. In reg�d to any other fees, the absence of express authority in ttds Security inshn�ment to charge a specific fee to Borrower shall not be conslrue� as a prohibition on the cherrging of such fee. Lender may not charge fees that are expressly prolubited by this Security Instrument or by Applicable Law. If the Loan is subje�t to a law which sets muimum loan charges, and that law is finally interpreted so that the interest or other loan cbarge.s colle,cted ar to be callected in connection with the Loan exc�d the permitted limits, then: (a) any such loan charge shall be re�uced by the amount ne�essary to reduce the chazge to the pe�mitted limit; and (b) any sums already colle�ted from Bonower which exceeded permitted limits will be refimded to Boaower. Lender may choose to make tUis refund by reducing the principal owed under the Note or by malcing a direct payment to Borrower. If a refund reduces principal, the reduction will be treat� as a partiat prepayment without any prepayment charge (whether or not a prepayment charge is provided far under the Note). Borrower' s acceptance of any such refimd made by dir�t payment to Borrower will constitute a waiver of any right of action Horrower might have arising out of such overcharge. 15. Noticea. All notices given by Borrower or Lender in conne�tion with tlus Se�urity Instnrment must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when maile� by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly raquires otherwise. The notice address sha11 be the Property Address unle�ss Borrower has designateci a substitute notice address by notice to Lender. Borrower shall Pr�P�Y notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Borrower's chaage of address, then Borrower shall only report a change of address through that spexified praxdure. 2200142286 D v6�s NEBRASKA - Single Famfly - Fannle Mae/Freddle Mac UNIFORM INSTRUMEAIT WRH MERS (�j-6A(NE) loaio) Peae �o ot �e truae��s Form 3028 7/01 0