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�0110613G <br />accelerarion has occurred, reinstate as provided in Secrion 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 material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. 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 Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall 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 Bonower <br />or any Successors in Interest of Bonower. L.snder shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amorrization 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 Bonower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitarion, Lender's acceptance of payments from third persons, entiries or <br />Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Bonower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Insrivment in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Insmiment shall bind (except as provided in <br />Secrion 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Bonower's default, for the purpose of protecting I,ender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. <br />In regazd to any other fees, the absence of express authority in this Security Instrum.ent to chazge a specific <br />fee to Borrower shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so <br />that the interest or other Ioan charges collected or to be collected in connection 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 Bonower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the <br />reducrion will be treated as a partial prepayment without any prepayment charge (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 Bonower will constitute a waiver of any right of action Borrower might have arising out <br />of such overchazge. <br />15. Notices. All norices given by Bonower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Bonower's <br />notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Borrowers <br />unless Applicable I.aw expressly requires otherwise. The notice address shall be the Property Address <br />unless Bonower has designated a substitute notice address by notice to I.ender. Borrower shall promptly <br />notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only regort a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddla Mac UNIFORM INSTRUMENT <br />�-6(NE) toai �� Page 10 of 15 Initials: �_� Form 3028 1/01 <br />� ��� <br />� � <br />