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20120697� agree in writing, the Miscellaneous Proce,eds sha11 be applied to the sums secured by this Security Instrument whether or not the sums aze then due. If the Property is abandoned by Bonower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for daznages, 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 not then due. "Opposing Party" means the third party that owes Bonower Miscellaneous Proceeds or the pazty against whom Borrower has a right of action in regazd 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 this Security Instnunent. Borrower can cure such a default and, if acceleration has occuned, 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 impairment of Lender's interest in the Property 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 aze hereby assigned and shall be paid to Lender. All Miscellan�us Proceeds that aze not applied to restoration or repair of the Properly 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 sums secured by this Security Instruxnent granted by Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Se,curity Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbeazance 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 preclude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Bonower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower 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 under the terms of this Se,curity Instrument; (b) is not personally obligated to pay the sums secured by this Se,curity Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regazd 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 Borrower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Bonower sha11 not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Se,curity Instnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge 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 Instntment, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower sha11 not be construed as a prohibition on the chazging of such fee. Lender may not chazge 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 fmally interpreted so that the interest or other loan chazges 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 chazge 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 paclye,glc� Form 3028 1/01 Page 9 of 14 www.docmagic.com Ne3028.dot.nml �