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201206260 secised immediately before the partial taking, destruction, or loss in value,uQless Borrower and T,ender otherwise agree i¢writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums aze tizen due. If the Property is abandoned by Bosower,or if;after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence) offers to make an awazd 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 either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or nof then due."Opposing Parry" means the thvd party that owes Borrower Miscellaneous Proceeds or the pariy against whom Borrower has a right of action in zegazd to Miscellaneous Proceeds. Bosower shall be in default 9f any action or proceeding, whetfier civil or criminai, is begun tha[, in Lender's judgment,could result in forFeiture o£tbe Psoperty or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration l�as occurred, reinstate as provided iu Section 19, by causing the acrion or proceeding to be slismissed with a ruling that, in Lender's judgment, precludes forfeidue of the I'roperty or other material impaument of Lendez's interest in the Property or righu under this Security Instrumem. The proceeds of any award or claim far damages that aze athibutable to the impairment of Lender's inYerest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds tha#are not applied to restoration or regair of the Properry shall be applied "na the orderprovidedforin 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 Secinity InsUuznent granted by Lender to Borrower or any Successor in Interest of Bozxower shall not operate to celease the liability of Borrower or any Successors in Iitterest of Borrower. Lender shall not be required to commence proceedings against any Successor m Interest of Borrower or to refuse to extend time for payment or othenvise modify amortization oP the sums secnred by tlris Security Inshvment by reason of any demand made by the o�iginal Borrower or any Successors in Interest of Boxcower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons,entiries oz Successors in Interest of Boriower or in amounts less than khe amount then due,shall not Be a waiver of or preclude the exercise of any right or remedy. 13. Joint and SeveraE Liabili#y; Co-signers; Suecessors and Assigos Bound. Bonower coveuants and a�ees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Inshvment but does not execute the Note {a"co-sigaer"): (a) is co-siguing this Security Tnshvment only to mortgage, graat 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 Lustrvment; and(c)agcees that Lender and any other Bozzower can agree to extend,modify, forbear or make any acconnmodations with zegard to the terms of tltis Security Jnshvment or tfie Note without ihe co-signer's consenY. Subject to the provisions of Section 18, any Successor in Interest of Bortower who assumes Borrower's obligarions tmder this Security Inshument in writing, and is approved by Lender, shall obtain ail of Borrower's rights and benefifs under this Security Instrvment. Borrower shall not be released finm Borrower's obligations and liability under this Security Instmment �mless Lender a�ees to such release in writing, The covenants and agreementt of this Security Instrument slrall biad(except as provided in Section 20)and beaefit the sueeessors and assigis o£Lender. 14. Loan Charges. Lender may chazge Bozrower fees for services performed in connecrion with Borrower's defiult, for the ptspose of protecting Lender's iztterest in the Properry and rights under this Secwiry Tnshvment, including,but not limited to,attorneys' fees,pzoperty inspection and valuation fees. In regazd to any othei fees,the absence of e�cpress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohi6ition on the chazging of such fee. Lender may not chazge fees that aze expzessly prohibited by this Security Instrument or by Applicable Law. If the Lo�n as suhject to a law which sets maximum loan chasges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connecrion with the Laan exceed the permitted limits, Uten:(a)any such loan chazge sfiali be reduced by the amount necessary to reduce the charge to the pemurted limit; and(h) any sums already collected from Borrowez w6ich exceeded permitted limifs will be refunded to Borrower. Lendar may choose to make this refund by redacing tlie principal owed under the Note or by making a direct payment to Borruwer. Lf a refuttd reduces principal, the reduction wi11 he treated as a partiaL prepayment wiihout any prepayment charge(whether or not a prepayment chazge is provided for under the Note). Borrower's aeceptance of any sach refund made by direct payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. Jai#ials: ,g/�/J _(�� NEBI2ASICA-Single Family—Faonie MaelFreddie Mac iJNIFORM INSIRUMENY' Eorm 3928 1/Ol (poge 8 of 13 pages)