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�0��06549 dismiss� with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender' s interest in the Property or rights under this 5ecurity Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender' s interest in the Property are hereby assigned and sha11 be paid to Lender. All Miscellaneaus Proceeds that aze not applied to restoration or repair of the Property sha11 be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instnzment grant� by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender sha11 not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, enrities ar Successors in Interest of Borrower or in amounts less than the amount then due, sha11 not. be a waiver of or pre,clude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrces that Borrower's obligations and liability sha11 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 Instrument 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 this Security Insirument; and (c) agrees that Lender and any other Bonower caxi 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 assulnes Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain a11 of Borrower's rights and benefits under this Security Insirument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument sha11 bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender ma.y charge Borrower fees for services performed in connecrion 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, the absence of express authority in this Security Instrument to chazge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets m�imum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan �ceed the permitted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sums alre,ady collected from Borrower which �ceeded permitt� limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by dire,ct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any norice to Borrower in connection with this Security Instrument sha11 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 norice to all Borrowers unless Applicable Law expressly requir� otherwise. The notice address shall be the Property Address unless Bonower has designated a substitute notice address by notice to Lender. Borrower sha11 promptly notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Borrower' s change of address, then Borrower sha11 only report a change of address through that specified procedure. 11-07-000076 NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WI H M R �-6A(NE) (oe� o) Page 10 of 15 �n�t�a�s: Form 3028 1101 � �