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, 201201751 If the Property is abandoned by Borcower, or if, after notice by Lender to Dorrower that the Opposing Party (as defined in the next sentence) off,ers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds ei[her to restoration or repair of the Proper[y or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any ac[ion or proceeding, whether civil or criminal, is begun [hat, in Lender's judgment, could result in forfeiture of the Property or other material impairmen[of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred,reinsta[e as provided in Section 19,by causing fhe action or proceeding to be dismissed 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 Security Ins[rument. The proceeds of any award or claim for damages that are attributahle to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbeara�ce By Lender Not a Waivee Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted 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 Borrowec Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwisa modify amortization of the sums secured by this Security Insirument 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, entities or Successors 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 remedy. 13. Joiot and Several Liability; Co-signers; Successors and Assigns Bouod. Borrower covenants and agrees that Borrower's obligations and Iiability shall 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 [nstrument 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 Instrument; and (c) agrees that Lender and any other Borrower can 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 assumes Borrower's obligalions under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in wrifing. The covenants and agreemen[s of this Securiry Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services pertormed in connection with Borrower's default, for the purpose of pro[ecting Lender's interest in the Property and rights under this Sewrity Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Ins[rument to charge a specific fee to Borcower 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. [f the Loan is subject to a law which sets maximum loan chaeges,and that law is finally interpreted so that the interes[ or other loan charges collected or to be collec[ed in connection with the Loan exceed the permitted NF,6HASKA-Single�arnily-FannieMae/FreddicMacUNIF'ORMINSTRUMENTWITHMERS Form3028 1/Ol Pagc 10 of 16 -� Ini[ials:�