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�o��o�Q�� dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Properi}r ar other mat�rial impairment of Lender's interest in the Progerty or rights under this Security Instrument. The proceeds of aay award or claim for dama,ges that are aitr�'butable to the impairment of Leader' s interest in the Property are hereby assign� and shall be paid to Lender. All Miscellaneous Proc�s that are not applie� to restoration or repair of the Progerty shall be applied in the order provideci for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a R'aiver. Extension of tha tima for payment or modification of amorkization of the swns se�ured by this Security Instcvment granted by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liahility of Borrower or any S�ccessors in Intterest of Bonower. Lender shall not be re�uirefl to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or othezwise modify amortization of the sums se�ued by this Security Instnnnent by reason of any demand made by the original Borrower oz any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right ar remedy including, without limitation, Lender' s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, sha11 not be a waiver of or preclude the exercise of an:y right or remedy. 13. Joint and 5everal Liability; Casigners; Snccessors and Assigns Bonnd. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not exe�ute the Note (a "co-signer"): (a) is co-signing this Security i,,.ctn,,,,en only to mortgage, �t and convey the co-signer's interest in the Properly under the terms of this Security Instrument; (b) is not personally obligate� to pay the swns secure� by this Se�urity Instrvment; and (c) agrces that Lender and any other Borrower can agrez to extend, modify, forheaz or make any accommodations with regard to the terms of this Security inskrament or the Note without the co-sigaer' s consent. 5ubj�t to the provisions of Section 18, any Succ�ssor in Interest of Boaower who assumes Borrower' s obligations under this Security Inshvment in writing, and is approved by Lender, shall obtain all of Bonawer' s rights and benefits under tius Security Instrument. Borrower shall not be released from Bonower' s obligations and liability under this Sec�rity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fee,s for services performed in connection with Borrower' s default, for the purpose of protecting Lender' s intere.st in the Property and rights under this Security Instrument, including, but not limite3 to, attomeys' fees, PxoP�' �P�on and valuation f�. In regard to any other fe,es, the absence of express authority in this Security Instrumen.t to charge a specific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prolu'bited by this Security Instntment or by Applicable Law. If the Loan is subj�t to a law which sets ms�Yim�m loan chazges, and that law is finally interprete3 so that the interest ar other loan charges collected or to be collected in connection with the Loan exc�ed the permitted limits, then: (a) any such loan charge shall be reduceri by the amount ne�essary to reduce the charge to the permitted limit; and (b) any swns already collecte� from Bonower which exceede� permitte�i limits will be refunded to Bonower. Lender may choose to make this refimd by reducing the principal owed under tbe Note or by making a direct payment to Borrower. rf a refund reduces principal, the reduction will be treate+d as a partial prepayment without anY Pr�Payment charge (whether or not a prepayment charge is provided for under the Note). Borroweq' s acceptance of any such refimd made by direct 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 conne�tion with this Security Instrume�nt must be in writing. Any notice to Borrower in connection with ttus Security Inst�ument shall be deemed to have been given to Bonower 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 shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Bonower shall promptly notify Lender of Bonower' s change of address. If Lender specifies a procedure for reporting Borrower' s change of address, then Banower sha11 only report a change of address through that specified proce�ure. 2200173281 D V6AN� NEBRASKA - Single Family - Fann(e Mae/Freddle Mac UNIFORM INSTRUMENT WRH MERS �-6A(NEj loa�o) Page 10 of 16 tray�&'�t$�1 'h°Y1 Form 3028 1/01 �