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201206055 V4 WBCD LOAN # 503542405 amount ofthe sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Ifthe Property is abandoned by Borrower,or if,afternotice by Lenderto Borrowerthatthe Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lenderwithin 30 days afterthe 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 secured by this Security Instrument,whether or not then due."Opposing Party"means the third party t[-iat 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 action or proceeding,whether civil or criminal,is begun that, in Lender's judgment,cauld result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security lnstrument.Borrower can cure such a default and, 'rf acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,precludes forteiture of the Properry or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim fordamages that are attributableto 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; 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 Borrower or any Successor in Interest of Borrower shall not operate to release the Iiability of Borrower or any Successors 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 modifyamortization ofthesumssecured bythis Security lnstrumentbyreason ofany 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 Iimitation,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_ JointandSeveralLiability;Co-signers;SuccessorsandAssignsBound.Borrowercovenants 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 Instrument only to mortgage, grant and convey the co-signer's interest in the Property underthe terms ofthis Securr[y Instrument;(b)is not personally obligated to paythe 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[nstrument 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'sobligations underthis Security Instrument inwriting,and is approved by Lender,shall obtain all of Borrower's rights and benefits underthis Securitylnstrument.Borrowershall notbe releasedfrom Borrower's obligations and Iiability underthis Security Instrument unless Lenderagrees to such release in writing.The covenants and agreements of this Secur'rty 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 protecting Lender's interest in the Property and rights underthis Security Instrument,including,but n ot limited to,attorneys'fees,property ins�ection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specificfee to Borrowershall 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 lawwhich 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 charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrowerwhich exceeded permitted limits will be refunded to Borrower.Lender may chooseto makethis 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 prepayment charge(whether or not a prepayment charge is provided for under the Nofe). Borrower's acceptance of any such refund made by direct payment to Borrowerwill constitute awaiver of any right of action Borrower might have arising out of such overcharge. 15. Notices.All notices given by Boirower or Lender in connection with this Security Instrument must be in writing,Any notice to Borrower in connection with this Security Instrument shall be deemed to have been 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 Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherv✓ise.The notice address shall be the Properry Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptl n 'fy Initials: NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7(01 ONine Documents,lna Page 8 Of 11 NEEDEED 1108 07-18-2012 16:28