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�0120301i agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this S�urity Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Bonower that the Opposing Party (as defined in the next sentence) offers to make an award 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 Property or to the sums s�ured 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 Bonower has a right of action in regard to Miscellaneous Proceeds. Bonower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under tYus 5ecurity Instnunent. Bonower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proc.eeding 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 Properly or rights under this Security 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 Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the order provided for in 5ection 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 Instrument granted by Lender to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any 5uccessors in Interest of Borrower. Lender shall 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 Bonower 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, sha11 not be a waiver of or pre,clude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Bonower covenants and agrees that Bonower's obligations and liability sha11 be joint and several. However, any Bonower who co-signs this 5ecurity 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 Instnunent; (b) is not personally obligated to pay the sums secured by this Security Instnunent; and (c) agrces 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 Bonower who assumes Borrower's obligations under this Se.curity Instrument in writing, and is approved by Lender, sha11 obtain all of Bonower's rights and benefits under this S�urity Instrument. Bonower shall not be released from Bonower's obligations and liability under this S�urity Instnunent unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in 5ection 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Bonower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regazd to any other f�s, the absence of express authority in this 5ecurity Instnunent to chazge a specific fee to Bonower shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge fees that are expressly prohibited by this S�urity Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is fmally 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 shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted 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 � � NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DadYlag/c� Form 3028 1/01 Page 9 of 14 www.docmagic.com Ne3028.dot.xml