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201206271 agree in writing,the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrucrient whether or not the sums are then due. If the Property is abandoned by Borrower,or if, after notice by Lender to Borrower that the Opposing Party{as defined in the next sentence) offers to rnake an award to settle a claim for damages, Borrower fails ta 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 siims secured by this Security Insu-uinent,'whether or not then due.' "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Procceds. Borrower 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 this Security Instniment. Borrower can cure such a default and,if 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 forfeiture of the Property or other material unpairment of Lender's interest in the Property or rights under this Security Instruznent. The proceeds of any award ar claim for damages that are attributable to the impairment of Lender's interest in the Property aze hereby assigned and sha11 be gaid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property sha11 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 suins secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender sha11 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 Instniment by reason of any demand made by the originalBorrower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptanee of payments from third persons,entities or Successors in Interest of Borrower ar in amounts less than the amount then due, sha11 not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;Co-signers;Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs this Security Instninient but does not execute the Note(a"co-signer"): (a)is co-signing this Security Instnuiient only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instniment; (b) is not personally obligated to pay the 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 lnstrumern or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in InteresY of Borrower who assumes Borrower's obligations under this Security Instniment in writing,and is approved by Lender,shall obtain a11 of Borrower's rights and benefits under this Security Instrument. Borrower shali not be released from Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreernents of this Security Instnunent shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrt.iment, , including,but not limited xo,attarneys' fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instnicnent to charge a specific fee to Borrower sha11 not be construed as a prohibition on the chazging of such fee. L.ender may not charge fees that aze 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 pemutted limits, ` then: (a)any suchloan charge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sun�s already collected from Borrower which exceeded perniitted 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-- ' e Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT pocMag/c� Form 3028 1/01 Page 9 of 14 www.docmagic.mm