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20��056�r dismissed with a nding 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 Security Instrument. The proc�eds of any award or claim for damages that are attn'butable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proc�eds that are not appliad to restoration or repair of the Property sball be applied in the order provided for in Section 2. 12. Borrower Not Releas�; Forbearance By Lender Not a Waiver. F�tension of the time for payment or modific�tion of aznortization of the sums secured by this Security Instrument grantefl by Lende� 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. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the snnm�s se,cured by this Security Instcvment by reason of any demend made by the original Bonower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, I.ender' s acceptance of payments from third persons, entities or Successors in Interest of Borrower ar 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; Co-signers; Snccessors and Assigns Bound. Borrower covenants and agrees that Borrower' s obligations and liability shall be joint and several. However, any Borrower who co-signs this Security rncm,,,,p„t but does not ex�ute 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 Security Instrument; (b) is not pe�sonally obligate� to pay the sums se�urad by this Security Instr�ment; and (c) agrees that I.ender and any other Borrower can agree to extend, modify, forbear or make any accommodations 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 Instr�ment in writing, and is approved by Lender, shall obtain a11 of Borrower' s rights and benefits under this Sacurity Instrumen� Borrower shall not be relea.cad from Borrower' s obligations and liability under this 5e�urity Instrument unless Lender agtees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as providai in Section ZO) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Brnrower fees for services performed in connection with Bozrower' s default, for the purpose of protecting Lender' s interest in the Property and rights under this Security Inshument, including, but not limited to, attomeys' fee.s, properiy 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 prolu'bition on tha charging of such fee. Lender may not eharge fe� that are expressly prohibited by tlus Security Inshument or by Applic�ble Law. If the Loan is subj�t to a law which sets maximum loan charges, and that law is finally interprete� so that the interest or other loan charges collected or to be collected in connection with the Loan exc�ed the germitted limits, then: (a) any such loan charge shall be re�uced by the amount necessary to reduce the cl�ge to the permitted limit; and (b) any sums already collected from Bonower wlrich excee�efl permitted limits will be refimded to Borrower. Lender may choose to malce this refund by reducing the principal owed unde� the Note or by malcing a direct payment to Borrower. If a refund reduces princigal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepaymmt charge is provided for under the Note). Bonower's acceptance of any such refund made by dire,ct payment to Bonower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Not3ces. All notices given by Borrower or Lender in co�mection with this Se�urity Tn.atnm�en must be in writing. Any notice to Borrower in comiection with tlus Security Instrument shall be d� to bave bc�n given to Hoaower 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 Boirowers unless Applic�ble Law expressly requires othervvise. The notice address shall be the Properiy Address unless Borrower has designated a subslituxe notice address by notice to Lea�der. BoiroweT shall Pr�P�Y notify Lender of Borrower's change of address. If Lender specifies a procedure for reporking Borrower's change of address, then Bonower shall only report a change of address through that sg�ified procedure. 2200129581 D V6ANE NEBRASKA - Single Family - Fannie Ma�Freddle Mac UNIFORM INSTRUMENTT W �-6A(NE� loe�ol Page 10 of 16 �„�q� ` Form 3028 1/07 �