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20120292� agree in writing, the Miscellaneous Proceeds sha11 be applied to the sums se,cured by this S�urity Instrument whether or not the sums aze then due. If the Property is abandoned by Bonower, or if, after notice by Lender to Bonower that the Opposing Party (as defined in the next sentence) offers to make an awazd to settle a claim for damages, Bonower 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 either to restoration or repair of the Properly or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower Miscellaneous Proceeds or the party against whom Bonower has a right of action in regazd to Miscellaneous Procceds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in L.ender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has occurted, reinstate as provided in Se.ction 19, by causing the 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 Instrument. The proceeds of any awazd or claim for damages that are attributable to the impairment of Lender's interest in the Property aze hereby assigned and shall be paid to Lender. All Miscellan�us Proceeds that aze not applied to restorarion or repair of the Property shall 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 swns secured by this 5ecurity Instnunent granted by Lender to Borrower or any Successor in Interest of Bonower sha11 not operate to release the liability of Bonower or any Successors in Interest of Bonower. Lender shall not be required to commence proccedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Se.curity Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. 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 Bonower or in amounts less than the amount then due, shall not be a waiver of or pre,clude the exercise of any right or remedy. 13. Jo�tnt and Several Liability; Casigners; Successors and Assigns Bound. Borrower covenants and agrees that Bonower's obligations and liability sha11 be joint and several. However, any Borrower who co-signs this S�urity 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 Instrument; and (c) agr�s that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regazd 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 obligations under this Security Instrument in writing, and is approved by Lender, sha11 obtain all of Bonower's rights and benefits under this Security Instnunent. Bonower shall not be released from Bonower'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 may charge Borrower f�s for services performed in connection with Bonower's default, for the purpose of prote,cting Lender's interest in the Property and rights under this S�urity Instrument, including, but not limited to, attorneys' fees, properly inspe,ction and valuation f�s. In regazd to any other fe,es, the absence of express authority in this Security Instrument to chazge 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 prohibited by this 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 exceed the permitted limits, then: (a) any such loan chazge sha11 be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a d'uect payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Page 9 of 14 4Fm.r'r r �.�� Ne30Z8.dot.xml