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20��0�9�� dismissed with a niling that, in Lender's judgff►ent, pr�ludes forfeiture of the Property or other material impairment of Lender's inte�est in the Properiy or rights under this Security Instrumen� The proceads of any award or claim for damages that are attnbutable to the impairment of I,ender' s interest in the Property are hereby a�ssign ed and shall be paid to Lender. All Miscellaneous Praceeds that are not applieri to restoration or repair of the Property sha11 be applied in the order provideci for in Section 2. 12. Borrower Not Released; Forbe�rance By Lender Not a R'aiver. Extension of the time for payment or modific�tion of amorti�ation of the sums se�ured by this Security Instrument granted by Leader to Borrower or any S�ccessor in Interest of Borrower shall not operate to release the liability of Boaowa or any Successors in Interest of Borrower. Leader shall not be require� to commence pra�edings against any Successor in Interest of Boaower or to refi�se to extend time for payment or othervvise modify amortization of the sums se,cured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any farbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance of payments from third persons, eatities or Succe.ssors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or rem�y. 13. Joint and Several Liability; Casigners; Snccessors and Assigns Bonnd. Bosower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Boirower who co-signs this Security Instrument but does not exe�ute the Note (a "co-signer"): (a) is co-ai�ing this Security Instcument only to mortgage, grant and convey the co-sigaer' s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums securefl by this Security Instniment; and (c) agrees that Lender and any other Borrower can agree to extend, m,adifY, forbear or make any ac�ommodations with regard to the terms of this Security Tnctrn**��+t or the Note without the co-sigaer' s consent. Subject to the provisions of Section 18, any S�ccessor in Interest of Borrower who assumes Boaower' s obligations under this Se�urity Instrument in writing, and is approved by Lender, sball obtain all of Borrower's rights and benefits under tiris Security Instrument. Bonower shall not be rel� fram Borrower' s obligations and liability under this Sec�rity Instrument unless Lender agrees to such release in writing. The covenants and agre,ements of tUis Security Instcvment shall bind (except as providai in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connection with Borrower' s default, for the purposa of protecting Lender' s interest in the Property and rights under this Security TnQtr„**+e*�_*_� including, but not limitad to, attorneys' fees, properiy inspe�tion and valuation fees. In regard to any other f�s, the absence of express authority in this Security Instrument to charge a specific f� to Borrower sha11 not be const�ved as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by ttris Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum 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 acc�ed the permitted limits, then: (a) any such loan charge shall be reducad by the amount ne�essary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which exceaded permitted limits will be refimded to Borrower. Lender may choose to make this refimd by reducing the principal owed under the Note or by making a dir�t payment to Borrower. If a refimd 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). Bonower' s acceptance of any such refund made by direct payment to Bonower will constitute a waiver of any right of action Boirower might have arising out of such overcharge. 15. Notices. All notices given by Horrower or Lender in connection with this Security Instrnment must be in writing. Any notice to Borrower in conne�tion with this Security Instrument shall be deeme� to have be.en 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 Bonower shall constihrte notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall he the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lende� specifies a procedure for reporting Borrower's cbange of address, then Bonower shall only report a change of address through that specified procedure. 2200196725 D v6ANE NEBRASKA - Single Family - Fannle Mae/Freddle Mac UNIFORM INSTRUMENT WRH ER �-6A(Nq Ioato) Paga 10 of 15 ir,�;�g: � �eL Form 3028 1/01 0