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�0�1�569� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other ma.terial <br />impairment of Lender's interest in the Properiy or rights under this Security Instniment. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's interest in the Property <br />aze hereby assigned and shall be paid to Lender. <br />All Miscellaueous Praceeds that are not applied to restoration or repair of the Properly sha11 be <br />applied in the order provided for in Secrion 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify <br />amortizarion of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbeazance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entiries or <br />Successors in Interest of Borrower or in amounts less than the amount then due, sha11 not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. J'oiut and Severat Liability; Co-signers; Successors and Assigc�s Bound. Borrower covenants <br />and agrees tha� Boraower's obligativns and liability shall be joint and seuerai. However, any Bonower who <br />co-signs this Security Inst�vment but does not execute the Note (a "co-signer"): (a) is co-sigai.ng this <br />S�urity Instrut�ent only to mortgage, grant and convey the co-sigIIer's interest in the Property under the <br />terms of this Security Instrument; (6) is not personally obligated to pay the sums secured by this Seeuriry <br />Instrument; agd (c) agrees tkat I.�nder and any other Borrower cas agree to extend, modify, forbear or <br />matce any accammottations with regard to the ter� of this Seeurity l'nstrument or the Note withaut the <br />co-signer's consent. <br />5ubject to the provisions of 3ection 18, any Successor in Interest of Borrower who assume� <br />Bonower's obligations under this Security Instrument in writing, and is approv� by Lender, shall obtain <br />alI of BorrQwer's rights and benefits under this Security Instrument. Borrov�er shall not be released from <br />Bonower's ohligations and liability uncier this Security Instrument untess Lender agrees to such reIease iu <br />writing. The cover►ants and agreements of this Security Instrument shatI bind (except as provided in <br />S�tion 20) and be�efit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performec� in connection with <br />Borrower`s default, for the purpose of protecting Lender's interest in the Property and rights under this. <br />Security 1n�tn�,,,en�, including, but not limited to, attomeys' fees, pmperty inspectio�t and vatuarion f�s. <br />In regarc� to any ottier fe,es, the absence of express authority in this Security Instivment to charge a speeific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fce. Lender may not charge <br />fees thax are expressly prohibited by this Security Instnunent or by Applicable Law. <br />If the Loan is subject to a law which sets m�imum loan charges, and that law is finally interpreted so <br />that the inierest or other loan charges coll�ted or to he collected in connecrion with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refun� by reducing the principal <br />owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment chazge (whether or not a <br />prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of acrion Bonower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any norice to Borrower in connection with this 5ecurity Instrument sha11 be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Borrower shall consritute norice to all Bonowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Bonower has designated a substitute notice address by notice to Lender. Bonower shall promptly <br />notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Bonower's <br />change of address, then Borrower sha11 only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B(NE) (0811) Page 10 of 15 Initials: Form 3028 1/01 <br />� <br />� � <br />