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201203fi'�3 agree in writing, the Miscellan�us PraceEds shall be applied to the snms seaued by this Security Tnstrument whether or not the sums are then due. Tf the Properiy is ahandoned by Boaowez, or if, after notice by L�ender to Bonower that the Opposing Party (as def ned. in the next sentence) offers to make an award to sexile a claim for damages, Borrower fa�s to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellan�us Proc�eds either to restoration or repair of the Properiy or to tlie sums secur�. by tbis Security Ins�ment, whether or not then due. "Opposing Pariy° means the third gariy that owes Bormwer Miscellaneous Proceads oz tbue pazry against whom Bormwer has a right af action in regard to Miscellaneous Procceds. Burrower shall be in default if any action or pra^�eding, whether civil or cziminal, is begon that, ia Lender's jndg�oo�ent, could zesuit im� forfeiture of the Properly or other ma#erial impairment of Lender's interest in the Praperty or rights under this Security Instaument. Borrower can cure suc� a defaalt and, if acceleration has occurred, reinstate as provided in Se,ction 19, by causing the action or proc.�ding to be dismissed with a ruling that, in L.ender's judgment, precludes forfeitare of the Pzope�Ry or other maroerial im.pairment of I.e�ader's interest in the Property or rights under this Security Instn�mment. The proceads of any award ar claim for damages tt�at aze a�utable to the impairment of Lznrler's interest in the Pzapezty aze hereby assigned and shall be paid to Lender. All MisceIlaneous Prvr.eeds tL1at ara not appliai to restoration oz zepair of the Property shall be applied in the ord.er provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Nat � Waiver. Exteasion of the time for paym�nt or �dification of amoztization of the s�s s�ured by this Se�utity bnsbnunent granted by Lender to Bonower or any Suc.cessor in Interest of Boaower shall not operate to release the liabi�ity of Borrower or aay Successors in Interest of Bonower. T.ender shall aot be requirad to comu�nce proceedings agamst aay S�ccessor iva baterest of �rrower or to refi�se ta extend time for payment ox othervvise modify amortization of the sums secured. by this Security Inst�vment by reason of any demand made by the original Borrawer or any Successors in Interest of Borrower. Any forbeazance bq Lender in exercising any right or re�dy including, without Iimitation, Lender's accepta�nce of Payments from third persons, effiities or Su�ssors ia lnterest of Borrower or in amo�mts less than the amonut then due, sball not be a waiver of or px�lude the exercise of aay right or remedy. 13. Joint and Several Liability; Cfl-signcxs; Sucxessors and Assigns �auad. Borrower cov�ts and agrees that Borrower's obligarions and liability shall be joirn and several. However, any Borrower who r.o�signs 1i�i.s Security Instrament but does not execute the Note (a "co-signer"): (a) is co-sigaing this Security Instrument only to mortgage, grant and convey the casigner's interest in the Property tmder the tenoas of this Security Tnstrument; (t�) is not personally obligatert to pay the s�s s�ure.cl by this Security Instrument; and (c) agr�s that Lender �d any other Borrower can agree to extend, n�od'zfy, forbear or make any accomm,odat�oms with regard to the terms of this S�u�ity Tnstrument or the Note withoui the ca-signer's consent. Subject to the provisions of Seclion 18, �ay Sucxessor in. Tnterest of Borrower who assumes Borrower's obligafions under tlus Security Ins�mment in writing, and is approved by Lender, sT�all obtain all of Borrower's rights and benefits under this Security Tnsmxment. Borrower shall not be released from Borrowez's obligatioag �d liability �o.der this Security Instrument unless Leader agrees to such zelease in writin�. The covenants and agreements of this Security Inshument shaIl bind (except as provided in Secbion 2Q) and. benefit the successors and assigns of I.ender. 14. Loan Charges. Lendez may charge Borrower fees far services performed in coIIne.ction with Borrower's default, for the purpose of pzotecting I.eader's interest in the Property and rights under this Seauity Ins�, including, but not limited to, attomeys' €ees, pro�►erty inspection and valuation fees. In regazd to any other fces, the absence of express authority in this Secmity Tnstrumern to charge a specific fe,e to Bonowez shall not be consorued as a pzobibition on the cbarging of such fe�. Lender naay not charge fees that are expressly prohibited by this Security [nsrrument or by Applicable Law. If the I.oan is subject to a law which sets maximimm loan charges, and xhat law is finally interpreted so that the interest or other loaa chazges collecred or to be colle.cted in connection with the Loan exceed the pe�itted limits, then: (a) any snch loan charge shail be zeduced by the amount necessary to reduce the charge to the permitted Iimit; and (l�) any sums alrea,dy collected from Boaower which exceeded parmitted limits will ba refunded to Borrower. Lender ma.y choose to make �his refimd by reducing the priacipal owed under the Note or by maldng a dire�t paymeat to Borrower. If a refimd reduces princigal, the/{�e nction w71 be ueated as a partial prepayment witiaout any PBge 9 of 14 Dor�a�te wv�w.docntagJc.cam NEBRASKA—Single Family—Fannie Mae/Fseddie Form 3028 '[/01 N�3028.dotxmt