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�0�1055�3 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in I.ender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Securiry Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of I,ender's interest in the Property aze hereby assigned and shall be paid to Lender. All Miscellan�us Proceads that aze not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. �rrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums s�ured by tlus Security Inswment granted by Lender to Borzower or any Successor in Interest of Bonower shail not operate to release the liability of Bonower or any Successors ui Interest of Bonower. Lender shall not be required to commence proc.eedmgs against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instnunent 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 Bonower 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; 5uccessors and Assigns Bound. Borrower covenants and agrces that Bonower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Insm�ment 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 tlus Security Instrument; and (c) agrees that I.ender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regard to the terms of tlus Securiry Instrument or the Note without the co-signer's consent. 5ubject to the provisions of Section 18, any Successor in Tnterest of Bonower who assumes Borrower's obligations under this Security Instrument 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 Barrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of ttus Security Tnstrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fces for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, tb.e absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibirion on the charging of such f�. Lender may not charge fces that are expressly prohibited by this Security Instivment or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan charges collected oz to be collected in conn�tion with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduce8 by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already 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 maldng a dir�t payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chatge (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 Bonower might have arising out of such overcharge. 15. Notices. .All notices given by Borrowez or I,ender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this 5ecurity Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower sha11 constitute notice to all Bortowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly Address unless Borrower has designated a substitute notice address by notice to L,�nder. Bonower shall promptly norify Lender of Borrower'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 specified procedure. NESRASKA - Single Family - Fannie MaeiFreddie Mac UNIFORM 1NSTRUMENT �-6(NE) (08111 Page 10 of 15 Inttials: Form 3028 1/01 O